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| Bonner County v. Bonner County Sheriff Search & Rescue, Inc., Docket No. 31076, 2006 Opinion No. 42,
SUPREME COURT OF IDAHO, April 21, 2006, Filed
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Overview: Summary judgment was properly awarded to nonprofit organization in county's action for injunction requiring organization to delete "Sheriff" from its corporate name because county did not provide any authority supporting its cause of action, nor could it even define what cause of action it was alleging; county simply argued "there oughta be a law."
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| Lockheed Martin Corp. v. Idaho State Tax Comm'n, Docket No. 32022, 2006 Opinion No. 40,
SUPREME COURT OF IDAHO, April 21, 2006, Filed
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Overview: Primary goal of Department of Energy contract with taxpayer was to clean up radioactive and hazardous waste and construction done by taxpayer was only incidental to primary purpose of the contract; equipment and facilities being constructed by the taxpayer were not to be included in the property factor when applying formula in Idaho Code § 63-3027.
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| Mc Lean v. Maverik Country Stores, Inc., Docket No. 31627, 2006 Opinion No. 38,
SUPREME COURT OF IDAHO, April 21, 2006, Filed
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Overview: Partial summary judgment was properly granted to a store that sold beer to an intoxicated driver because Idaho Code Ann. § 23-808(4)(b) prohibited passengers in the vehicles of intoxicated drivers from recovering, regardless of whether they had reached the age of majority.
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| Powell v. Powell, Docket No. 32172, 2006 Opinion No. 39,
SUPREME COURT OF IDAHO, April 21, 2006, Filed
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Overview: Although a debtor prevailed on the issue of an exemption, a magistrate judge did not err by adding the cost of serving the writ of execution to a judgment under Idaho R. Civ. P. 54(d)(1)(F), and neither these fees nor the cost of obtaining alternative transportation were recoverable by the debtor under Idaho Code Ann. § 11-203(b).
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| Steele v. Kootenai Med. Ctr., Docket No. 31010, 2006 Opinion No. 41,
SUPREME COURT OF IDAHO, April 21, 2006, Filed
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Overview: Where the alleged negligence had not been identified by the claimant or the hospital, the trial court erred in dismissing the claimant's claim and determining under Idaho Code § 6-906 when the claimant should have reasonably discovered the negligence for purposes of determining if the notice was timely given.
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| Carrier v. Lake Pend Oreille School Dist. #84, Docket No. 31812, 2006 Opinion No. 45,
SUPREME COURT OF IDAHO, April 24, 2006, Filed
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Overview: The term "suicidal tendencies" in Idaho Code § 33-512B was narrowly defined to mean a present aim, direction, or trend toward taking one's own life; under this definition, the son's essay did not create in the teacher and school district a duty to warn.
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| Craig Johnson Constr., L.L.C. v. Floyd Town Architects, P.A., Docket No. 31448, 2006 Opinion No. 43,
SUPREME COURT OF IDAHO, April 24, 2006, Filed
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Overview: As contractor's requested jury instruction was not accurate statement of law, district court did not err in submitting general negligence instruction. There was sufficient evidence to support jury's apportionment of fault, and contractor's motion for new trial was properly denied under Idaho R. Civ. P. 59. Architect was improperly awarded fees.
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| Independence Lead Mines Co. v. Hecla Mining Co., Docket No. 31042, 2006 Opinion No. 44,
SUPREME COURT OF IDAHO, April 24, 2006, Filed
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Overview: A finding in favor of the lessee in a contract dispute action was proper where the lessor's waste claim under Idaho Code Ann. § 6-201 failed because the lessee did not unreasonably injure a deposit. Although the mining of the deposit was not generating the profit that the lessor desired, it was the activity contemplated by the contract.
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| Rees v. State, Docket No. 31632, 2006 Opinion No. 46,
SUPREME COURT OF IDAHO, April 24, 2006, Filed
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Overview: Department of Health and Welfare and social worker had duty to competently investigate report of suspected child abuse under Idaho Child Protection Act (ICPA), based on special relationship between Department and abused children created by ICPA, fact that Department had actual knowledge of abuse, and father's reliance their statements and conduct.
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