Articles Posted in Personal Injury

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While employed by Zing LLC, Josue Barrios (“Claimant”) was totally and permanently disabled as a result of an industrial accident when he fell about twelve feet from a ladder and hit his head face first on a concrete floor. He suffered multiple facial fractures, a frontal bone fracture, the loss of sight in his left eye, and a severe traumatic brain injury that caused a major neurocognitive disorder and speech language deficits. This case was an appeal of an Industrial Commission order requiring an employer and its surety to pay the cost of a guardian and a conservator for Barrios. Finding no reversible error in the Commission's order, the Idaho Supreme Court affirmed. View "Barrios v. Zing, LLC" on Justia Law

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Perry Krinitt, Sr. appealed the district court’s grant of summary judgment in favor of the State of Idaho and the Department of Fish and Game (IDFG). Perry Krinitt, Jr. (“Perry”) was a pilot for Leading Edge Aviation. He died when the helicopter he was piloting crashed in Kamiah, Idaho. Perry was flying IDFG employees Larry Bennett and Danielle Schiff to conduct a fish survey on the Selway River. Bennett and Schiff also died in the crash. An investigation revealed that the accident was caused when a clipboard struck the tail rotor: one of the passengers became sick and opened the helicopter door, dropping the clipboard in the process. Krinitt filed a wrongful death suit based in negligence seeking damages against IDFG for Perry’s death. IDFG did not assert statutory immunity under Idaho’s Worker’s Compensation Act as a defense. IDFG moved for summary judgment on grounds that Krinitt could not prove negligence. The district court ruled that IDFG was a statutory employer under the Idaho Worker’s Compensation Act and, consequently, IDFG was entitled to immunity from actions based on the work-related death of Perry. Krinitt appealed. Finding no reversible error, the Idaho Supreme Court affirmed. View "Krinitt v. Idaho Dept of Fish & Game" on Justia Law

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Claimant-appellant Penny Weymiller, a former employee of Lockheed Idaho Technologies (“Lockheed”), appealed the Idaho Industrial Commission’s order that she was not entitled to additional medical care in relation to her bilateral carpal tunnel syndrome (“CTS”). The Idaho Supreme Court determined the Commission erred in holding that Weymiller failed to prove her entitlement to additional care because the Court determined the decision was not supported by substantial and competent evidence. “[T]he Commission’s failure to consider palliative care in the form of wrist braces as treatment is contrary to our holding in Rish [v. Home Depot, Inc., 390 P.3d 428 (2017)]. The Commission misapplied the law and there was sufficient uncontradicted evidence to support Weymiller’s claim for replacement braces.” View "Weymiller v. Lockheed Idaho Technologies" on Justia Law

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Ashley Palmer (Palmer) and Stephen Palmer appealed a district court’s order granting Lisa Ellefson’s motion for a new trial under Idaho Rule of Civil Procedure 59(a)(6). Ellefson was involved in an automobile accident caused by Palmer. A jury found that Ellefson was not injured in the accident. However, the district court determined that the jury verdict of “no injury” was against the clear weight of evidence and granted a new trial subject to an additur in the amount of $50,000. On appeal, Palmer argued that the district court abused its discretion in granting the new trial and in setting additur at $50,000. Finding no such error, the Idaho Supreme Court affirmed. View "Ellefson v. Palmer" on Justia Law

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Whitney Bright appealed the grant of summary judgment to Roman and Natalya Maznik. The Mazniks owned property who leased an apartment to James and Katherine Thomas, owners of a Belgian Shepherd. When Bright visited the Thomas’ apartment in an effort to collect on a debt, the Thomas’ dog attacked her. Bright then lodged a complaint against the Mazniks, alleging various tort claims arising from the attack. The district court granted the Mazniks’ motion for summary judgment, finding the Mazniks owed no duty to protect Bright from the Thomas' dog. Therefore, the district court's grant of summary judgment on Bright's tort claims was proper, and the Idaho Supreme Court affirmed. View "Bright v. Maznik" on Justia Law

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Travis Forbush and Gretchen Hymas, individually and as natural parents of McQuen Forbush and Breanna Halowell (Appellants), appealed the grant of summary judgment to Respondents Sagecrest Multifamily Property Owners’ Association, Inc., and its President, Jon Kalsbeek. Forbush and Halowell were overnight guests of a tenant who leased a unit at the Sagecrest Apartment Complex (Sagecrest). During the night, hazardous levels of carbon monoxide filled the unit, killing Forbush and injuring Halowell. Appellants brought tort claims against Respondents after the incident. Appellants contended the district court erred by granting summary judgment to the POA because triable issues of fact surrounded whether the POA: (1) owed a premises liability-based duty of care; (2) owed a duty of care it acquired as a result of voluntary undertakings; and (3) was vicariously liable for First Rate Property Management's (FRPM - the POA's contract maintenance) conduct. The Idaho Supreme Court affirmed in part and reversed in part the district court’s summary judgment order. The Court affirmed that summary judgment was proper as to whether the POA owed a premises liability-based duty of care. However, summary judgment was improper as to whether the POA and Kalsbeek acquired a duty of care as a result of voluntary undertakings, and whether the POA was vicariously liable for FRPM’s conduct. View "Forbush & Hymas v. Sagecrest POA" on Justia Law

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The Idaho Supreme Court determined the district court did not err when it found that the Church did not have a special relationship with Henrie such that it had an affirmative duty to control or protect him, nor was there any issue of fact as to whether the Church had a general duty to prevent Henrie's injury. This case arose out of injuries suffered by Bryan Henrie while he was participating in a community service event organized by the Mormon Helping Hands (“Helping Hands”), a priesthood-directed program run by the Church of Jesus Christ of Latter-day Saints (the “Church”). Henrie argued on appeal that the district court erred when it dismissed his tort claim on summary judgment. Henrie was assigned to work with a crew felling burned trees and rolling or throwing the wood down an embankment on the property to be hauled away later. Later that day, Henrie was attempting to throw a tree stump down the embankment when it caught on his smock. He was pulled down the embankment by the stump, severely injuring his right knee in the process. Henrie asserted that “[a]t the very least, Defendant had a duty not to supply Plaintiff with gear or clothing that would put him or his bodily safety in danger or ultimately harm him . . . Defendant breached this duty of care.” He further asserted that “Defendant owed a duty to Plaintiff to use reasonable care in nominating, training, and supervising any and all of the clean-up organizers and volunteers, including those who spoke with and directed Plaintiff.” The Supreme Court affirmed the district court's grant of summary judgment in favor of the Church. View "Henrie v. Church of Latter-Day Saints" on Justia Law

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Steven Andrews filed for workers’ compensation benefits after he fell from a ladder in 2009 while working for the Corporation of the Church of Jesus Christ of Latter Day Saints (LDS Church). Andrews sought to establish that the Idaho Industrial Special Indemnity Fund (ISIF) was liable pursuant to Idaho Code section 72- 332. The referee concluded that Andrews failed to show that ISIF was liable because the evidence showed that any pre-existing physical impairments did not constitute a subjective hindrance and that Andrews failed to show that his pre-existing impairments combined with the industrial accident to cause his total and permanent disability. The Commission adopted the recommendation. Andrews timely appealed, arguing that the Commission’s order was not supported by substantial and competent evidence. Not persuaded by Andrews’ arguments, the Idaho Supreme Court affirmed. View "Andrews v. Idaho Industrial Special Indemnity Fund" on Justia Law

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Leticia Salinas injured her back while working for Bridgeview Estates (“Employer”). After receiving medical treatment for roughly six weeks, her workers’ compensation benefits were temporarily denied by Old Republic Insurance Company. Nearly two years later, Salinas filed a claim for reimbursement for medical costs and all future medical care. The Idaho Industrial Commission concluded that Salinas failed to prove that she was entitled to payment of compensation. Notwithstanding that conclusion, the Commission awarded Salinas attorney’s fees. The Employer appealed the award. The Supreme Court concluded the Commission erred in awarding attorney’s fees, and vacated the judgment. View "Salinas v. Bridgeview Estates" on Justia Law

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Enrique Lopez appeals an order of the Idaho Industrial Commission (“Industrial Commission”) declining to award him additional workman’s compensation income benefits for binaural hearing loss he sustained as a result of a workplace accident. Lopez was injured by a bull while working on a dairy. Lopez complained to the Industrial Commission that he was entitled to additional income benefits based on his interpretation of the statutory schedule for permanent impairments in Idaho Code section 72-428. The Industrial Commission disagreed, holding that Lopez was only entitled to the 8% impairment benefits previously paid. Lopez timely appealed. Finding no error in the Commission’s calculation of Lopez’ income benefits for his partial binaural hearing loss, the Supreme Court affirmed. View "Lopez v. Vanbeek Herd Partnership" on Justia Law