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| Fullerton v. Griswold, Docket No. 31775, 2006 Opinion No. 49,
SUPREME COURT OF IDAHO, April 25, 2006, Filed
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Overview: Appellate court affirmed a grant of summary judgment in favor of buyers that compelled specific performance of the sale of the sellers' property because the sellers waived the right to argue that the purchase agreement was null and void by accepting the earnest money into their account and orally agreeing to repair conditions in the house.
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| Jackson v. JST Mfg., Docket No. 32001, 2006 Opinion No. 47,
SUPREME COURT OF IDAHO, April 25, 2006, Filed
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Overview: Appellate court affirmed the dismissal of a claimant's claim for workers' compensation benefits was affirmed because the claimant did not give notice of his respiratory problems until almost two years after the initial onset of his symptoms; thus, he did not comply with the 60-day notice provisions in Idaho Code § 72-448.
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| Schwan's Sales Enters., Inc. v. Idaho Transp. Dep't, Docket No. 31286, 2006 Opinion No. 48,
SUPREME COURT OF IDAHO, April 25, 2006, Filed
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Overview: Jury could have concluded that the absence of a stop-ahead sign was a substantial factor in the accident as evidence showed that stop sign was difficult to see due to intersection's configuration, sign was intermittently obstructed, and driver testified that had he seen a stop-ahead sign he would have known intersection was coming and slowed down.
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| City of Coeur D'Alene v. Simpson, Docket No. 29299, 2006 Opinion No. 50,
SUPREME COURT OF IDAHO, April 27, 2006, Filed
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Overview: A district court erred by summarily determining that the denominator parcel in a takings case under U.S. Const. amend. V included a separate parcel of land retained by previous owners because it was clear that a corporation had no interest in such; however, the timing of the transfer during the litigation was a factor properly considered on remand.
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| Cobbley v. City of Challis, Docket No. 31688, 2006 Opinion No. 51,
SUPREME COURT OF IDAHO, April 27, 2006, Filed
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Overview: Pursuant to Idaho Code § 40-208, having failed to pursue judicial review process, landowners could not attack county's road validation in separate proceeding; statute and Idaho R. Civ. P. 84 required fee for filing of petition. Landowners did not point to anything but ownership by city that would create duty to maintain road or liability.
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| State v. Von Huffstutler, Docket No. 31821, 2006 Opinion No. 12A,
COURT OF APPEALS OF IDAHO, April 27, 2006, Filed
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Overview: Appellate court affirmed an order granting defendant's motion to suppress because an officer's failure to tell defendant that he was free to leave, in conjunction with the officer's accusatory questions to defendant, supported the trial court's conclusion that defendant's encounter with the police after the return of his license was not consensual.
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| Cheung v. Pena, Docket No. 31371, 2006 Opinion No. 53,
SUPREME COURT OF IDAHO, May 3, 2006, Filed
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Overview: The Idaho Industrial Commission properly ordered an attorney to repay attorney fees to a former client in a workers' compensation case based on a failure to comply with the disclosure requirements of Idaho Admin. Code r. 17.02.08.033.04; however, the Commission lacked jurisdiction to order the repayment of other fees.
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| Edmunds v. Kraner, Docket No. 30862, 2006 Opinion No. 52,
SUPREME COURT OF IDAHO, May 3, 2006, Filed
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Overview: In a medical malpractice case, a court erred by granting summary judgment to a hospital where its expert stated that: "many of the statements made by plaintiff's experts regarding the local standard of care for Gentamicin use in 2000 are incorrect." That statement showed a genuine issue of material fact regarding the standard of care.
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| Mountainview Landowners Coop. Ass'n v. Cool, Docket No. 31185, 2006 Opinion No. 54,
SUPREME COURT OF IDAHO, May 3, 2006, Filed
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Overview: In a dispute regarding an easement, a district court followed the instructions on remand when it decided that lifeguarding and sunbathing were activities that fell within the definition of the word "swimming." However, other issues were either not raised or were outside of the scope of authority on remand.
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