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SCHENK v. SMITH

No. 18064.

793 P.2d 231 (1990)

117 Idaho 999

Jerald SCHENK and Dixie Lee Schenk, husband and wife, Plaintiffs-Appellants, v. Scott SMITH, Shane Blancher, John Esterholdt, Department of Health and Welfare, State of Idaho, Rose Bowman, Director of the Department of Health and Welfare, Idaho Youth Ranch, Inc., Neil Howard for the Idaho Youth Ranch, Inc., David R. Murray, President for the Idaho Youth Ranch, Inc., John Does 1-X, and Jane Does 1-X, Defendants-Respondents.

Court of Appeals of Idaho.

May 3, 1990.

Attorney(s) appearing for the Case

Raymundo G. Pena and Stanley G. Cole, Rupert, and E. Lee Schlender, (argued), Hailey, for appellants.

Quane, Smith, Howard & Hull, Twin Falls, Idaho office, and J. Nick Crawford, Salt Lake City, Utah, for respondents. Mr. Brian D. Harper argued.

BURNETT, Judge.

This litigation arises from the intentional destruction of a home by vandals. The sole issue on appeal is whether the homeowners should have received prejudgment interest on a damage award. The district court disallowed prejudgment interest. For reasons explained below, we affirm.

The facts may be summarized briefly. While the Schenk family of Rupert, Idaho, was on vacation, four juveniles escaped...

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