At the oral argument, I argued on Mr. Maravilla’s behalf that Simplot’s subrogated claim was separate and apart from Mr. Maravilla’s negligence claim against IIC. The Idaho Supreme Court held there were only two claims that had been asserted in Mr Maravilla’s case. First was Mr Maravilla’s own original negligence claim against IIC and second, Simplot’s present claim of subrogation against Mr. Maravilla. The Idaho Supreme Court went on to state that a critical component in deciding when claims are the same for purposes of res judicata is that the subsequent and present claims must be one that arises out of the same cause of action and should have been litigated in the first suit. Clearly, Maravilla’s cause of action in his negligence claim against IIC was based upon the October 16, 2011 industrial accident. On the other hand, Simplot’s subrogation claim is based upon Idaho Code Section §72-223 (3) and is derived from Mr Maravilla’s recovery from IIC. The Idaho Supreme Court pointed out that Mr. Maravilla’s recovery, rather than his injury, acted as the cause of action for Simplot’s subrogated claim. Simplot’s subrogated claim did not ripen until after Mr. Maravilla recovered from IIC. Therefore, Simplot’s subrogation claim and Mr. Maravilla’s negligence claims do not share a cause of action. Simplot could not bring its subrogation claim against Mr. Maravilla until Mr. Maravilla had recovered from IIC. The Idaho Supreme Court then held that for purposes of claim preclusion, Simplot’s subrogation claim was not the same claim as Mr. Maravilla’s negligence claim against IIC.
What is the Legal Time Limit to Probate a Will?
As an estate planning attorney I find that my clients are often very quick to come see me after their loved one has passed away. In some instances people come to see me within a day or two So that they can get an idea of the steps that they need to take in order to preserve the decedent’s property and make sure that it is delivered to the right person. However, this is not always the case.
During my career I have often had family members come to me several years after the decedent has passed away to help them transfer property. This usually occurs when the family wants to sell a home or other real estate that still has the decedent’s name on it. The family discovers that they are unable to sell the property because they do not have the correct title to the property.
Distracted Drivers
Most everyone knows the dangers of drunk drivers or even distracted drivers. However, people generally ignore an equally pervasive problem of drowsy or sleepy drivers. A short internet search reveals studies showing that motorists who drive with less than 5 hours of sleep are approximately twice as likely to be in an automobile accident as compared to those who get 7 or more hours of sleep. Drivers should be aware that if they get less sleep they are more likely have an accident.
It is startling that drivers that have gotten less than 4 hours of sleep a night, have 4 times the number of car accidents. AAA suggests that anyone who has slept less than 7 hours over a 24 hour period should not drive a vehicle.
Wrongful Termination in Violation of Public Policy
The termination of an employee will be controlled by either an existing employment contract or Idaho’s “at will” doctrine. However, regardless of which of these applies to the employment relationship, it is illegal for an employer to terminate an employee in violation of public policy.
According to the Idaho Supreme Court, the right to discharge an at-will employee may be limited by considerations of public policy, such as when the motivation for the firing contravenes public policy. Jackson v. Minidoka Irrigation Dist., 98 Idaho 330 333, 563 P.2d 54, 57 (1977). Public policy of the state of Idaho is found in its constitution and statutes. Boise-Payette Lumber Co. v. Challis Independent School Dist. No. 1 of Custer County, 46 Idaho 403, 268 P. 26 (1928). The public policy expressed therein may serve as a basis for finding an exception to the employment at-will doctrine. See generally, 82 Am.Jur.2d Wrongful Discharge § 19, at 692 (1992). The determination of what constitutes public policy sufficient to protect an at-will employee from termination is a question of law. Quiring v. Quiring, 130 Idaho 560, 566, 944 P.2d 695, 701 (1997).
Injured Workers in Idaho were Given a Late Christmas Gift by the Idaho Supreme Court: Part I
On December 30, 2016, the Idaho Supreme Court gave injured workers a late Christmas gift in the form of a decision holding that employers that are negligent waive their right to reimbursement on their subrogated claim to the proceeds of a third-party settlement or verdict. In Maravilla v. Simplot, Mr. Maravilla was injured on October 16, 2011 while working at the Don Plant in Pocatello, Idaho. He tripped on a hose that was placed across a walkway and stepped into a nearby sulfuric acid pool. Idaho Industrial Contractors, Inc. (IIC) the contractor performing the repairs on the area where Maravilla was injured, had not built a barrier and so Mr Maravilla’s right foot, upon tripping, went through the plastic placed over the top of the pad by IIC and plunged into the pool of sulfuric acid, causing chemical burns to his right foot and leg.
On February 6, 2013, Mr. Maravilla filed a third-party lawsuit against IIC. This case settled for $75,000. The case was then dismissed with prejudice on January 22, 2015.
Holding the Will of a Person Who Has Died
By Lane V. Erickson, Attorney
In an ideal world a person who has completed their Last Will and Testament will keep the original deposited with their attorney. This makes it so easy for a family once that person passes away to get the original Last Will and Testament and to begin the probate process.
However, we don’t live in the ideal world. We live in the real world and this world, sometimes an original Last Will and Testament is put in a drawer or a filing cabinet, or in a safety deposit box in a bank. Sometimes a Last Will and Testament is given to a friend or another family member to hold and keep safe. So the question is, what is the obligation of a person who is holding an original Last Will and Testament for a person who has died?
Semi Accident Backs Up Traffic on I-84 near Nampa
Idaho State Police and the Nampa Police Department report a crash involving a semi truck occurred on Wednesday, December 28, 2016 at approximately 9:40 a.m. near the Garrity exit just east of milepost 38. The eastbound lanes of I-84 were completely blocked for a brief time and motorists were advised to avoid the area. The driver of the semi had to be extricated from the truck by firefighters and was taken to the hospital after the crash occurred.
The ISP investigation revealed that a pickup truck struck the semi causing it to tip onto its side. Debris on the road from the crash was hit by another vehicle. The driver of the pickup said she was coming down the on-ramp when she hit a patch of black ice, lost control of her pickup and crashed into the semi. The pickup driver was cited for traveling too fast for road conditions. No other injuries are reported at this time.
Motorists have been cautioned regarding winter road conditions. ITD resources have been stretched the past couple of weeks due to several storms that deposited large amounts of snow and ice on the roadways. The high volume of traffic on I-84 places it as a top priority for liquid anti-icers and snow removal. Even with the road treatment, black ice can form quickly and unexpectedly.
What is Considered On Duty Time for Employees In Idaho
Both Idaho law and applicable Federal Law require that an employer pay an employee for all hours worked. Sometimes it is clear what is considered on duty time. However, sometimes it is not. In Idaho, hours worked does not include:
- time to be spent by an employee travelling to and from the workplace, in productive work preparation, changing clothes prior to and after a work shift, taking showers, attaining and returning work tools and equipment, when a business, industry, plant, mine, factory or workplace has a custom or practice of treating such time as non-compensable time;
Can a Murderer Receive Property from the Person they Kill?
Is an estate planning attorney I enjoy watching television murder mysteries. It’s like a game of Clue. I am often surprised however by the number of times I am asked the question can a person who commits a murder receive property under the will of the person that they have killed? Usually the person is smiling and laughing when they asked the question so I know that they aren’t scheming or making plans, rather they just want to know out of curiosity.
Idaho actually does have a specific law on this issue. It is found at Idaho Code § 15-2-803. Attorneys in Idaho commonly called this the “Slayer” statute. Essentially what this statute says in part is:
Fog & Freezing Fog Develops in Parts of the Treasure Valley
Several accidents were reported during the morning commute on I-84 Thursday morning, December 22nd. As dense fog and freezing fog rolled into parts of the Treasure Valley, motorists were instructed by ISP, ITD and local police departments to be sure to slow down. Visibility was reduced in certain areas to a quarter of a mile.
An accident occurred on eastbound I-84 at milepost 36 near the Franklin exit in Nampa shortly before 6:30 a.m. which blocked the two left lanes of travel. ISP continues to investigate the cause of the crash; however, it is likely that weather and road conditions were contributing factors.
Fog can be quite dangerous, especially when temperatures dip below freezing. Fog can freeze instantly on exposed surfaces forming black ice on roadways catching drivers off-guard. Drivers should reduce their speeds to give themselves time to react if hazards appear. Never use your high beams which cause a glare but rather turn on your low beams so that other drivers can see your vehicle. Stay focused on the road and follow the lines to ensure that you remain in the proper lane. Remember to leave plenty of distance between your vehicle and those in front of you to account for sudden stops, hazards and/or changing traffic patterns.