Idaho Law Blog

Can a Person Who is Receiving a Gift Under a Will Be a Witness to the Will?

Published on: December 28, 2016 | by Racine Olson

As an estate planning attorney I am often asked interesting questions by my clients. One question that came up recently was whether a family member, or any other person, who would be receiving a gift under a Last Will and Testament could also be a witness to the signing of the will. A short time ago, Idaho law prevented this sort of thing from happening. However, the law in Idaho and in most other jurisdictions have changed.

According to applicable Idaho law: “Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will.” Further, the law states that “a will or any provision thereof is not invalid because the will is signed by an interested witness.” Idaho Code § 15-2-505.

Three Steps When Your Land Use Application is Denied

Published on: December 28, 2016 | by Racine Olson

By Joseph G. Ballstaedt

In Idaho, if you want to use your property in manner not authorized by current zoning ordinances, you must either seek to amend the zoning ordinance or seek a variance from the city council or board of county commissioners. Idaho law requires all zoning ordinances to include a variance procedure size for lot sizes and similar physical restrictions on lots and buildings. However, these special accommodations are not a “right or special privilege;” rather, a variance may granted only upon a showing of “undue hardship because of characteristics of the site.” It must also shown that the desired variance is not in conflict with the public interest.

Property owners often assume that any type of land use may be approved by way of a variance. But since variances may be used only to accommodate unique characteristics of the building site, a variance will not work for many land uses, leaving the property owner with only one option: amending the zoning ordinance to formally authorize the desired land use.

Personal Injury – Trampolines

Published on: December 28, 2016 | by Racine Olson

By Patrick N. George

Trampolines and trampoline parks are fun, but they can be dangerous. Trampoline park-related injuries have risen as the popularity of indoor jumping has spread.

A new study in pediatrics found that trampoline parks in the US have increased from 40 in 2011 to 280 in 2014. As one might imagine, injuries have also increased. In fact, trips to the emergency room due to injuries at trampoline parks have increased dramatically from 580 in 2010 to about 7,000 in 2014, the last year of the study. Interestingly, the study found that injuries from home trampolines remained constant over the same study period. As one might expect, those injured at these trampoline parks are more likely to be males around the age of 13.

You Cannot Dabble in Idaho Workers’ Compensation Law

Published on: December 28, 2016 | by Racine Olson

By Fred J. Lewis

In the 1990s, I represented a number of Idaho Workers’ Compensation insurance companies, defending claims brought by injured Idaho workers. I would see general practice lawyers bring Idaho Workers’ Compensation claims and not truly understand the value of those claims and not know how to bring together the appropriate experts to support their clients’ Idaho Workers’ Compensation claims. It never ended well.

I know that many of these Idaho attorneys mean well and think that Idaho Workers’ Compensation cases are simple and they should be able to collect these benefits for their clients and negotiate a lump sum settlement agreement which would then be approved by the Idaho Industrial Commission. There are too many traps for the beginner and many of the Idaho Workers’ Compensation benefits will go uncollected. In order to be a successful Idaho Workers’ compensation lawyer, I believe you have to devote your entire practice to representing injured Idaho workers. This allows you to keep up on all the current cases, develop relationships with doctors that are willing to testify before the Idaho Industrial Commission, and be able to know how to package the Idaho Workers’ Compensation claims so that your client’s claim can be presented by the adjusters to their supervisors favorably so that you can obtain the maximum benefits for your client.

Personal Injury – Burns

Published on: December 26, 2016 | by Racine Olson

By Patrick N. George

BURNS

It doesn’t matter whether a person has been involved in a car accident, a product liability accident, or employment issue, burns are often one of the major causes of injury to a person. They can also be extremely painful, serious, and cause the most scarring of all the injuries. Most patients suffering from extensive burns will spend lengthy periods of time in hospitals, and incur thousands of dollars in medical costs. Then after all of this, the victim can still end up with permanent injuries.

Pile-Up on W/B I-84 near Jerome – Fatality Reported

Published on: December 23, 2016 | by Racine Olson

The ISP report a fatality crash happened on Monday, December 19, 2016 at approximately 7:30 p.m. which caused a pile-up on westbound I-84 near Jerome.

Joseph Edwards, 33 years old of Gooding, was traveling westbound on I-84 in a 2001 Nissan Pathfinder when he lost control of the SUV, struck the guard rail and then was struck by a semi hauling two trailers, and a 2004 Chevrolet Cavalier driven by a Filer woman and a Volvo semi pulling a single trailer.

Edwards died at the scene. His passenger, Shauna Edwards of Gooding, was transported by ground ambulance to St. Luke’s Magic Valley in Twin Falls, and later transported by air ambulance to St. Alphonsus in Boise. Her condition is unknown at this time. ISP is not clear whether or not passenger Shauna Edwards was wearing her seat belt when the crash occurred. The other drivers and occupants involved in the multi-vehicle accident were their wearing seat belts.

Contributing Community Property to your Spouse’s Separate Property

Published on: December 22, 2016 | by Racine Olson

By Patrick N. George

I frequently get asked what happens when the community contributes money or labor to a spouse’s separate property asset. This is a murky area and frequently depends on the facts of the case. However, there are some guidelines.

In the Hiatt v. Hiatt case, the husband owned an automobile dealership as his separate property. (Separate property is usually property acquired by one person prior to the marriage or by gift or even will.) In this situation, the couple took community property money (money earned by the community) and invested it back into the automobile dealership. This investment took the shape of paying off debt and making some improvements.

You Cannot Pledge Your Idaho Workers’ Compensation Claim as Collateral

Published on: December 22, 2016 | by Racine Olson

By Fred J. Lewis

For many years, Oasis Legal Financial or other similar legal funding companies have provided cash to injured workers who needed money prior to the settlement of their case. These were contingent loans that were not required to be paid back if the Idaho Workers’ Compensation claimant was unsuccessful with their Idaho Workers’ Compensation claim. However, since the Industrial Commission’s decision of January 13, 2012, Oasis and other legal lending services no longer loan money to Idaho Workers’ Compensation claimants.

In its decision, the Idaho Industrial Commission found that Oasis purchase agreements amount to illegal assignments of workers’ compensation benefits, which is prohibited under Idaho Code Section 72-802. In the fall of 2010, the Commission became concerned about the propriety of the Oasis purchase agreements. The Commission ordered an order to show cause hearing to determine the enforceability of the contracts on three different cases based on their own motion. One of my clients had money loaned to him by Oasis. Since the Commission decided that the purchase agreements were unenforceable, the Commission ordered that my client and others with Oasis loans only had to pay back the principal amount that had been loaned to them instead of annual interest that, in some cases, exceeded 120%.

ITD Reapplies for FASTLANE Grant for Congested Portion of I-84 in Canyon County

Published on: December 22, 2016 | by Racine Olson

A FASTLANE (Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies) grant which was previously denied to ITD and the Community Planning Association of Southwest Idaho has been resubmitted to acquire funding to widen I-84 from 2 to 3 lanes between Franklin Boulevard and the underpass at Karcher Road in Nampa. $850 million is available to applicants in this grant program.

In a five-year period from 2010 to 2014, I-84 had 96 crashes around the Northside Boulevard area. ITD statistics indicate there were 4 serious injury crashes, 11 visible injury accidents, 6 possible injury crashes and 24 property damage crashes within a quarter-mile of the Northside Boulevard exit on eastbound I-84 during this time period. On westbound I-84 within a quarter-mile, there was 1 serious injury crash, 5 visible injury crashes and 19 property damage crashes.

Traffic data shows that almost 80,000 vehicles travel on this stretch of I-84 during an average weekday. The safety risks and congestion problems warranted the evaluation and goal to improve the interstate.

“Prepare – Be Aware” Winter Safety Campaign by ITD

Published on: December 21, 2016 | by Racine Olson

The Idaho Department of Transportation (“ITD”) launched its second annual Winter Safety Campaign “Prepare – Be Aware” to alert and educate drivers regarding safe driving during the winter months.

As the first snow fell in various locations throughout the state, many accidents have been reported with injuries and fatalities. On December 6^th, a 37 year-old, Brandy Romero from Twin Falls, was killed on westbound I-84 west of Burley when her vehicle left the road and rolled. Romero, who was not wearing a seat belt, was ejected.

Another fatality occurred on U.S. Highway 95 at milepost 58.5, south of Fruitland on December 7^th. 50 year-old Christopher Lowe of Caldwell was driving southbound on the highway when he failed to negotiate a curve, went off the side of the road, down an embankment, struck the side of a dirt driveway and went airborne. The vehicle came to rest in a field on the west side of the highway. Lowe was also not wearing a seatbelt and had died from his injuries by the time the crash was located.