Justia Injury Law Opinion Summaries

Defendant-Respondent Russell Griffeth, a licensed physical therapist, operated a clinic in Idaho Falls. He received no training as a contractor and was never licensed as a contractor. He did, however, act as a general contractor in the construction of his two homes. He organized and supervised various subcontractors. In early 2009, Griffeth decided to remodel his physical therapy clinic by constructing an addition to the existing building. Griffeth intended to be the general contractor for the project, but the city required a licensed commercial contractor. Consequently, Griffeth hired Bryan Robinson, a friend with construction experience, to serve as the general contractor. Robinson obtained a commercial contractor license for the project. Near the end of the project, Robinson hired Claimant Geff Stringer as a carpenter. As the clinic project neared completion, the construction workers used a hoist attached to the roof to move heavy beams into position in the attic. Unfortunately, on or near the last day of the project, the ceiling collapsed, and a beam fell on Stringer. The impact from the beam fractured Stringer's left ankle. At the time of the accident, Robinson did not have worker's compensation coverage. Stringer filed worker's compensation complaints against both Robinson and Griffeth. Following an evidentiary hearing, the Commission held that Robinson was Stringer's direct employer and that Griffeth was his category one statutory employer. Because Robinson did not pay worker's compensation benefits to Stringer, Griffeth, as the statutory employer, normally would be liable for such benefits. However, the Commission held that Griffeth was exempt from worker's compensation liability because Stringer's employment with Griffeth was "casual" under I.C. 72-212(2). Stringer appealed to the Supreme Court. Finding no reversible error, the Supreme Court affirmed the Commission's decision. View "Stringer v. Robinson" on Justia Law

Claimant-Appellant Dallas Clark appealed an Industrial Commission order that denied her workers' compensation benefits. Claimant worked for Shari's Management Corporation as an experienced server. During a graveyard shift, she suffered a herniated disc in her back while lifting a heavy tray onto a high shelf. She would later be diagnosed with sciatica attributed to the lifting injury from work. Shari's completed a Report of Injury, interviewing Claimant in the process. The investigator testified that Claimant attributed the injury as "standing wrong" at a salad bar, which left her unable to lift the tray. The Commission concluded after a hearing that Claimant was unable to prove an industrial accident had occurred. The Supreme Court agreed with the Commission and affirmed its order. View "Clark v. Shari's Management Corp" on Justia Law

This appeal stemmed from litigation involving a motor vehicle accident. Passenger Trevor Taft was injured when driver Derek Gummersall, the son of Clay Gummersall, lost control of his vehicle. At the time of the accident, Clay was an employee of Jumbo Foods, Inc., in whose name the vehicle was titled. David, Wendy, and Trevor Taft sued Jumbo Foods under theories of negligent entrustment and imputed negligence, arguing that Jumbo Foods owned the vehicle, and thus had a right to control it. Jumbo Foods countered that it sold the vehicle to Clay Gummersall before the accident occurred, and thus could not be held liable. The district court granted summary judgment in favor of Jumbo Foods and the Tafts appealed. The Supreme Court concluded the district court erred in granting summary judgment on the issue of imputed liability, an reversed with respect to that issue. The Court affirmed in all other respects, and remanded the case for further proceedings. View "Taft v. Jumbo Foods, Inc.," on Justia Law

Liberty Northwest Insurance filed a product liability action against Spudnik Equipment Company to recover workers' compensation benefits paid to an employee of its insured, Grand 4-D Farms, who was injured while working on a potato conveyor. The district court granted Spudnik summary judgment, finding Liberty failed to adequately identify the equipment involved in the accident. Liberty appealed to the Supreme Court. Finding no reversible error, the Supreme Court affirmed. View "Liberty Northwest Ins. Co., v. Spudnik Equip Co.," on Justia Law

Heidi Beers (a minor) was injured after jumping from a bridge into the Payette River. At the time, she was attending a campout organized by ward members of her church. Her parents, Gregory and Caralee Beers, brought negligence claims individually and on behalf of their daughter against the Corporation of the President of the Church of Jesus Christ of Latter-day Saints and a number of individual ward members. The district court granted the defendants' motions for summary judgment in part, dismissing all negligence claims, but denied the motion for summary judgment as to the statutory claim against four ward members. The Beerses appealed and the four ward members cross-appealed. Upon review, the Supreme Court concluded the district court propertly granted summary judgment as to the Beerses' negligence claims, but erred by denying the ward members' motion for summary judgment as to the Beerses' claim based on tort child abuse. Accordingly, the Supreme Court affirmed in part, reversed in part, and remanded the case for entry of judgment dismissing the Beerses' complaint. View "Beers v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints" on Justia Law

At issue in this case was a medical malpractice claim brought against a physician's assistant, two supervising physicians and Rocky Mountain Emergency Physicians, LLC. Plaintiff-Appellant Heather Hall went to the emergency room complaining of headache, blurred vision and sensitivity to light. The assistant examined her, and in the process, plaintiff alleged the assistant touched her inappropriately while trying to listen to plaintiff's heartbeat through a stethoscope. Plaintiff's medical expert opined that this conduct fell below the standard of care for a physician's assistant working in an emergency room in Pocatello. Rocky Mountain moved for summary judgment, arguing that the expert lacked proper foundation. The district court granted Rocky Mountain's motion and dismissed the suit. Finding no error in the district court judgment, the Supreme Court affirmed. View "Hall v. Rocky Mtn Emergency Physicians" on Justia Law

Claimant Rubio Izaguirre settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement. On appeal, claimant argued that subrogation rights should have extended only to damages that workers’ compensation typically insures and not to pain and suffering. The Commission found in favor of the employer and surety, holding that all of the settlement proceeds were subject to subrogation. Finding no error, the Supreme Court affirmed. View "Izaguirre v. R&L Carriers" on Justia Law

At issue in this case was a worker’s compensation claim stemming from an accident at an onion processing plant. Petitioner James Clark was injured when his right forearm was caught in a roller machine which resulted in significant soft-tissue damage. The Industrial Commission determined that Clark suffered a compensable injury and that he was entitled to medical treatment for approximately one year. The Commission also found that Clark had a permanent partial impairment (PPI) of 10% of the whole person and a permanent partial disability rated at 25% of the whole person. Clark appealed that determination pro se, arguing the Commission relied on fraudulent evidence because his medical records were fraudulently obtained. Finding no error, the Supreme Court affirmed. View "Clark v. State Ins Fund" on Justia Law

A bank hired a contractor to perform janitorial and snow removal services. The written contract between the parties lapsed, but they orally renewed their agreement according to the same terms. One morning, a bank employee arrived at work and parked in the parking lot. She stepped out of her car, slipped on black ice, and was injured. The employee sued the contractor, claiming that it had negligently failed to spread ice melt on the parking lot. The district court granted the contractor's motion for summary judgment, holding that the contractor owed no duty to spread ice melt on the parking lot on any day in which less than two inches of snow had fallen. The employee then appealed to the Supreme Court. Finding no genuine issue of material fact remaining regarding whether the contractor owed a duty to spread ice melt on the parking lot, the Supreme Court concluded the trial court properly granted summary judgment in favor of the contractor. View "Gagnon v. Western Building Maintenance, Inc." on Justia Law

The Supreme Court affirmed the district court’s order granting a new trial on plaintiffs' claim for breach of the implied warranty of habitability and its denial of defendants' request for attorney fees at trial. Plaintiffs Shawn and Shellee Goodspeed purchased a home from Robert and Jorja Shippen via warranty deed. After the basement of the home flooded, the Goodspeeds filed suit against the Shippens, alleging breach of the implied warranty of habitability. The district court denied a request for a jury instruction on the requirements for disclaiming the implied warranty of habitability and the case went to trial. The jury returned a verdict in favor of the Shippens, and the Goodspeeds moved for judgment notwithstanding the verdict or, alternatively, for a new trial, arguing the disclaimer of the implied warranty of habitability in the purchase and sale agreement was ineffective because it was not conspicuous. The district court granted a new trial after determining it had excluded the disclaimer instruction based upon its incorrect belief that the Goodspeeds had actual knowledge of the disclaimer. View "Goodspeed v. Shippen" on Justia Law