By Fred Lewis In Fairchild v. Kentucky Fried Chicken, 159 Idaho 208 (2015), on November 13, 2004 16 year old Terence Fairchild was employed by Kentucky Fried Chicken as a cook. He was carrying garbage to a dumpster when he slipped on ice and fell, striking his knees on a…
By Lane V. Erickson, Attorney My employer clients often ask me if they can be held liable for injuries or damages caused by their employees while they are working. Whenever I begin discussing this question with my clients I always like to start with a scene from the movie, Joe…
By Lane V. Erickson, Attorney Misrepresentation is just another word for fraud. Misrepresentation, either intentional or through negligence simply means there was a failure to communicate. This section will first define the types of misrepresentation that exist in Idaho and will then discuss the basic elements of agency law, which…
By Lane V. Erickson, Attorney Scene from the movie Judge Dredd: PROSECUTOR: The D.N.A. is a perfect match for Judge Joseph Dredd. JUDGE DREDD: It’s a lie! The evidence has been falsified. It’s impossible! I never broke the Law! I am the Law! Employers often ask me if there is…
Jeffery Hiscox, a 19 year-old from Boise was killed in August when the vehicle in which he was a passenger was struck by a drunk driver, Orion Blumenfeld of Nampa. Blumenfeld hit the vehicle when its driver was attempting to turn onto Locust Lane. Hiscox was taken to St. Alphonsus…
By Fred J. Lewis On October 8, 2012, Richard Job, M.D. was working as an internal medicine doctor and primary care physician for DRNE Clinic/Heritage Health. On June 17, 2013 Dr. Job presented to Dr. Patrick Mullen complaining of sudden onset right thumb pain. Eventually, the infection was determined to…
By T.J. Budge The Director of the Idaho Department of Water Resources recently issued an Order Designating the Eastern Snake Plain Aquifer Ground Water Management Area (“ESPA GWMA”) on November 2, 2016. The Director said his objective in forming the ESPA GWMA is to “bring all of the water users…
In second marriages, when one or both spouses have children from a previous marriage, it is common for husband or wife to draft their estate planning documents in a way to ensure that their children from the previous marriage will inherit. One way to accomplish this desire is to devise…
By Fred J. Lewis In October of 2006 the Claimant, Thomas C. Millard, fell 25’ on to a cement pad and injured his back, left leg, neck and shoulder. As a result of the accident the Claimant also suffered a serious brain injury. As a part of his treatment the…
By Lane V. Erickson, Attorney There is a difference between an employee and an independent contractor under both federal and state law. Under applicable laws, an employee qualifies for protection and is guaranteed a certain minimum wage and possibly overtime pay. On the other hand, an independent contractor does not…
