Articles Posted in Bankruptcy

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Appellants Robby and Kim Mowrey appealed the dismissal of their negligence action against Respondent Chevron Pipe Line Co. The district court ruled that because the Mowreys failed to disclose this claim as an asset in their Chapter 7 bankruptcy proceeding, they were judicially estopped from pursuing it against Chevron. In the alternative, the district court ruled that the Mowreys lacked standing as the real party in interest to prosecute their claim because it belonged to the bankruptcy trustee as an asset of the bankruptcy estate. The Mowreys argued on appeal that the district court erred in granting summary judgment. Finding no reversible error, the Supreme Court affirmed. View "Robby Mowrey v. Chevron Pipeline Co." on Justia Law

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This appeal arose from an action filed against the City of Lewiston by Tim Thompson, Janet Thompson, and Thompson's Auto Sales (collectively, Thompson). Thompson filed a claim under the Idaho Tort Claims Act (ITCA), alleging the City negligently designed and installed a storm water drain system on a city street adjacent to Thompson's property, which caused storm water runoff to flow onto Thompson's property and damage it. After suit was filed, Thompson entered bankruptcy proceedings and the bankruptcy trustee, C. Barry Zimmerman, was substituted as Plaintiff in the action. The City moved for summary judgment on the grounds of discretionary immunity and design immunity. The district court denied the motion as to design immunity, but granted the motion on the ground of discretionary immunity. Zimmerman appealed, arguing that the discretionary immunity exception to liability under the ITCA does not grant immunity from liability for damage caused by negligent design and, alternatively, that even if discretionary immunity was considered, it was inapplicable in this case because the City's actions were not discretionary within the meaning of the exception. Upon review, the Supreme Court reversed, finding that the City was not entitled to immunity from liability under any exception to the ITCA. View "Zimmerman v. City of Lewiston" on Justia Law