IDAHO RULE OF EVIDENCE 407: TO FIX OR NOT TO FIX

Idaho follows the general rule that evidence of post-accident repairs or alterations, or “subsequent remedial measures,” to show antecedent negligence is inadmissible at trial.1 Under Idaho R. Evid. 407, the evidence is also inadmissible to show a defect in a product or design or a need for a warning or instruction. People usually think of... View Post

NEGLIGENCE DEFENSES: SUDDEN EMERGENCY DOCTRINE

Like the “unavoidable accident” defense, the “sudden emergency” doctrine has roots dating back to the early 20th century.1 The doctrine recognizes that, when a person is placed in a position of apparent peril or danger without time to consider the circumstances, and in an effort to avoid such danger steps in the way of another... View Post

NEGLIGENCE DEFENSES: UNAVOIDABLE ACCIDENT DEFENSE

The “unavoidable accident” defense in negligence actions has roots dating back to the early 20th century in Idaho.1 It is generally defined as an unforeseeable and unavoidable event that was not caused by a negligent act or omission of any party in the lawsuit.2 For example, if there was evidence of uncertain weather conditions at... View Post

WHO IS TO BLAME? THE QUESTION THAT’S HOLDING UP LEGISLATION AUTHORIZING THE USE OF MORE AUTONOMOUS VEHICLES ON U.S. ROADS

The push towards autonomous vehicles from tech and automobile companies in the United States remains strong. In the wake of two major accidents involving self-driving cars, legislators and trial lawyers alike have stalled legislation that would ramp up testing and production of autonomous vehicles until one question is answered: who is liable in the event... View Post

April 23rd Update: COVID-19 Impact on Litigation in Idaho

There are two significant updates we would like to inform you about: the Idaho Supreme Court’s most recent order and Idaho Governor Brad Little’s announcement that Idaho will begin relaxing stay-at-home orders. IDAHO SUPREME COURT ORDER REGARDING OPERATIONS: On April 22, 2020, the Idaho Supreme Court provided its latest order regarding the operation of Idaho’s... View Post

COVID-19 Impact on Litigation in Idaho

“There are some decades where nothing happens; and there are weeks where decades happen.” The last few weeks have felt like decades in a lot of respects. As with seemingly everything else, every day brings a “new normal” to litigation in Idaho.  Our team wanted to provide you a quick summary on some of the... View Post

WHEN ‘TRUST ME, I’M A DOCTOR’ ISN’T ENOUGH…

August 26, 2019 Where many medical malpractice cases often turn into a “battle of the experts,” it is rarely enough that a witness meet just the basic statutory and evidentiary rule requirements, as the effectiveness of any medical expert is also directly impacted by his or her credibility, likability, persuasiveness, and other subjective qualities. An... View Post

IDAHO LEGISLATIVE REVIEW: IMPACT OF AMENDMENT TO I.C. §12-117 (ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES)

June 25, 2018 I.C. §12-117 During the last legislative session, the Idaho Legislature adopted amendments to I.C. §12-117, which deals with attorney’s fees in administrative proceedings – including administrative judicial proceedings.  The amendments can be found in Senate Bill No. 1316 and will go into effect on July 1, 2018. AMENDMENTS The amendment adds a... View Post