Justia Idaho Supreme Court Opinion Summaries

John Doe and Mother were the natural parents of J.M, an eight-year-old boy. John Doe and Mother had what was described as a sporadic and volatile relationship for approximately ten years. During that time, both Doe and Mother used methamphetamine and other controlled substances and committed acts of domestic violence upon each other. Mother had three children; however, this appeal dealt only with the termination of Doe’s parental rights to J.M. Doe was J.M.'s biological son. Doe appealed the magistrate court’s judgment terminating his parental rights to J.M. The magistrate court determined that it was in J.M.’s best interests to terminate Doe’s parental rights under Idaho Code sections 16-2005(1)(b) and (d) because there was clear and convincing evidence that Doe had neglected J.M pursuant to Idaho Code section 16-2002(3)(b), and/or Doe would be unable to discharge his parental responsibilities for a prolonged indeterminate period of time, which would be injurious to J.M’s health, morals, or well-being. After review of the record, the Supreme Court found no abuse of discretion in the decision to terminate parental rights and affirmed. View "Re: Termination of Parental Rights (father)" on Justia Law

In 2010, Kandi Hall (“Kandi”) was looking for work, having been fired from her previous job as a paralegal. Emmett Corrigan (“Emmett”) was waiting to learn the results of the bar exam he had taken and wanted to hire a paralegal to work for him when he began practicing law. They were introduced by a mutual friend. Kandi and Emmett were immediately attracted to each other, and within two weeks they began having a sexual relationship. Emmett passed the bar exam, and he hired Kandi in November to work for him in the law office he had opened. Their relationship continued until March 11, 2012, when Kandi’s husband, Robert Dean Hall (“Rob”), shot and killed Emmett in the parking lot of a pharmacy. A jury found Rob guilty of murder in the second degree. Kandi testified at trial that she always loved her husband, never intended to leave him, and was committed to their marriage. She was the only witness to the events leading up to Emmett's shooting. The issue in this appeal of Rob's conviction on second-degree murder charges was whether the district court properly instructed the jury on the issue of self-defense (Rob himself had been shot in the confrontation with Emmett). After review of the district court record, the Idaho Supreme Court held that the district court did not err in its instruction and affirmed the judgment of conviction. View "Idaho v. Hall" on Justia Law

The issue in this appeal centered on whether a force majeure clause in a written contract between the county and a developer did not apply to the developer’s failure to obtain zoning approval in order to construct the cement plant required in the agreement. After review of the contract and the clause at issue here, the Supreme Court held that the clause was broad enough to apply. Accordingly, the Court vacated the district court's judgment and remanded this case for further proceedings. View "Burns Concrete, Inc v. Teton County" on Justia Law

Harvey Wainio’s primary care physician referred him to podiatrist Dr. Richard M. Allen, because of a bunion on his right foot. In Wainio's first meeting with Dr. Allen, the doctor recommended surgery. Wainio agreed to have the surgery, and he again met with Dr. Allen at his office for a preoperative visit. Dr. Allen performed the surgery at Syringa Surgical Center, LLC (“the Surgical Center”). Three days later, Wainio began having symptoms that caused him to seek emergency medical treatment. Due to insufficient blood flow to his right foot and an infection, his foot became necrotic, requiring amputation of the foot. The Surgical Center moved for summary judgment which was granted, with the trial court finding that at the time of the alleged negligence, Dr. Allen was not acting in the capacity of an agent of the Surgical Center or as a member of its medical staff. Wainio appealed, arguing dismissing the Surgical Center was made in error. But finding none, the Supreme Court affirmed. View "Shatto v. Syringa Surgical Center" on Justia Law

Betty S. Harper (“Claimant”) was terminated from her employment with Phed Investments, Ltd. d/b/a Silverstone Inn and Suites (“Employer”), a hotel located in Post Falls, where she had been employed as a night auditor. She had worked at the same hotel for over ten years, during which time there had been several ownership and management changes. The most recent owner had acquired the property in February 2013. In February 2014, Employer implemented a new computer-based system that handled reservations and credit card batches. After implementation of that system, Claimant’s job performance declined. The manager noticed errors in Claimant’s work on the days he came in for the morning shift to relieve her. He verbally counseled her, and she would acknowledge that she could do better. When her performance did not improve, Employer reduced her hours to three days a week and then to two days a week. Claimant was ultimately terminated for failing to perform her duties and for insubordination. Claimant applied for unemployment benefits, which were denied on the ground that she was terminated for misconduct. Claimant appealed, and the matter was heard de novo by an appeals examiner who conducted an evidentiary hearing by telephone. The appeals examiner held that Claimant was entitled to benefits, and Employer appealed to the Industrial Commission. It reviewed the record de novo and issued a decision and order denying benefits on the ground that Claimant was discharged for employment-related misconduct based upon her failure to perform her job duties to Employer’s expectations when she was capable of doing so and for insubordination. Claimant then appealed to the Supreme Court. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Harper v. Dept of Labor" on Justia Law

This lawsuit involved a subdivision named Pend Oreille View Estates, which was developed in two phases. Pend Oreille View Estates Owner’s Association, Inc. ("Association") desired to pave the roads that went from the public road, across Phase I, to Phase II because of the dust created by vehicles on the roads and the cost of maintaining unpaved roads. The matter was put to a vote to the members of the Association, and the decision was made to pave the roads. After an amendment to the Association bylaws, it sent notices of assessments to all of its members who owned property in Phases I and II. T.T., LLC, Nadia Beiser, David M. Richards, Mary Beth Giacomo, and Matthew A. Farner (collectively “the Defendants”) all owned real property in Phase II. The Association sent them bills for their respective assessments. When they did not pay the assessments, the Association recorded liens against their properties, and later filed suit to foreclose on those liens. Defendants appealed, arguing the Association was without authority to pave the roads and bill them through the assessments (leading to liens on their properites). Finding no error in the district court's judgment in favor of the Association, the Supreme Court affirmed. View "Pend Oreille View Estates Homeowners' Association v. T.T. LLC" on Justia Law

This appeal centered on the legality of a Joint Powers Agreement (“JPA”) entered into in 2003 between the Independent Highway District (“IHD”) and the City of Sandpoint (“City”) to settle litigation between the two. The JPA provided for the City to assume control of all streets in the City and for IHD to pay over to the City all highway ad valorem taxes collected on property in the city limits. After the parties had operated under the JPA for ten years, IHD notified the City that, upon reflection, it had determined the JPA was legally void and that it would no longer pay its share of the property taxes to the City. The City filed suit against IHD for breach of contract and sought both a declaratory ruling that the JPA was valid and an order enjoining IHD from interfering with the City’s control of the streets within city limits. The district court ruled in favor of the City on summary judgment and granted attorney fees. IHD appealed. Finding that the JPA was void and unenforceable (violating Idaho Code section 67-2328), the Supreme Court reversed the trial court's judgment and remanded this case for for the trial court to unwind the relationship between the parties. View "City of Sandpoint v. Independent Hwy Dist" on Justia Law

David and Jayme Samples (“the Samples”) appealed the grant of summary judgment in favor of Dr. Ray Hanson and Bingham Memorial Hospital in a medical malpractice action. Mr. Samples was admitted to Bingham Memorial Hospital (“BMH”) in Blackfoot with abdominal pain and was found to have acute cholecystitis. Dr. Hanson performed a laparoscopic cholecystectomy on Mr. Samples. Dr. Birkenhagen was a practicing surgeon at PMC in 2009 when Dr. Hanson performed the laparoscopic cholecystectomy on Mr. Samples. Dr. Birkenhagen was a member of the American College of Surgeons and board certified at the time. At PMC, Dr. Birkenhagen re-opened the surgical site and discovered sepsis. Dr. Birkenhagen removed significant amounts of pus and later operated in order to repair a hole in the colon, which had allowed stool to leak out of the incision at the surgical site. The sepsis had caused Mr. Samples’ respiratory distress. Samples filed suit against BMH and Dr. Hanson for medical malpractice. The district court granted summary judgment after it determined that the Samples failed to establish the necessary foundation under Idaho Code sections 6-1012 and 6-1013 to admit testimony from the Samples’ only medical expert. The Supreme Court reversed and remanded: "This is not a complicated standard of care. It merely calls for basic post-operative care to ensure that the patient does not suffer infection or complications. It is not a standard of care that requires detailed specialization, intricate treatments, expensive equipment, or detailed knowledge of drug interactions. One would hope that any surgeon, regardless of whether operating in the backwoods or a metropolitan hospital, would monitor the patient post-operatively to ensure a decent recovery without infection or complications. That didn’t happen with Mr. Samples, as outlined by Dr. Birkenhagen." View "Samples v. Hanson" on Justia Law

Nancy Shepherd appealed a district court decision affirming the magistrate court’s final decision granting in part and denying in part her motion to modify a decree of divorce. Nancy argued that the district court erred by refusing to set aside John Shepherd’s visitation under the decree because the magistrate court lacked subject matter jurisdiction to award custody rights to a non-parent and the child’s biological father, Ralph Bartholdt (Ralph), was not a party to the divorce. Finding no reversible error, the Supreme Court affirmed. View "Shepherd v. Shepherd" on Justia Law

This case related to J.H.’s developmental dysplasia of the hip (DDH). Early diagnosis of DDH in children is important because early treatment is much easier, less invasive, less complicated, and more effective. Risk factors for a child to develop DDH include: breach birth, female gender, premature birth, first-born child, and high birth weight. J.H. was born five weeks short of full term in September of 2008. She was Galyena Hoffer's first child. Various doctors who examined J.H. during the first six weeks of her life did not observe signs of DDH. Between November 13, 2008, and October 5, 2009, Dr. Scott Shappard saw J.H. for five well-baby examinations. J.H. subsequently had problems while learning to walk that appear to have resulted from DDH. Because of these problems, the Hoffers took her to an orthopedic specialist, Dr. Stanley Waters, for two visits in February and December of 2010. Dr. Waters recognized that J.H. had DDH, but did not tell the Hoffers that she needed immediate treatment. In May of 2012, the Hoffers took J.H. to Dr. Larry Showalter. Dr. Showalter identified an inch and a half leg difference and the presence of an asymmetrical skin fold. Dr. Showalter immediately ordered x-rays and subsequently performed open reduction surgery in August of 2012, when J.H. was four years old. He testified that the results of the surgery have “so far” been good, but there are risks of “big complications” in the future. One of the Hoffers’ expert witnesses, Dr. David Butuk, opined that Dr. Shappard failed to comply with the community standard of health care practice because of his disregard for the presence of an obvious asymmetrical skin fold, a difference in leg length, and repeated expressions of parental concern. Dr. Shappard, Genesis Medical Center, P.A., and St. Alphonsus Regional Medical Center (collectively “Providers”) appealed an $847,974.46 judgment entered against them after a jury trial when Galyena Hoffer and her husband Randy sued on J.H.'s behalf. The jury found that Dr. Shappard negligently and recklessly failed to diagnose J.H.’s medical condition. The district court denied the Providers’ post-trial motions seeking to correct the verdict, a new trial, and judgment notwithstanding the verdict (JNOV). Providers appealed the denial of these motions and further asserted that the district court erred at trial by refusing to send an exhibit back to the jury room for deliberations and in its jury instructions. Finding no reversible error, the Supreme Court affirmed. View "Hoffer v. Shappard" on Justia Law