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ORTHMAN v. IDAHO POWER CO.

No. 20940.

895 P.2d 561 (1995)

126 Idaho 960

Russell ORTHMAN and Nancy Orthman, husband and wife, and Nancy Orthman, natural mother and guardian on behalf of all minor children of the parties, Plaintiffs-Appellants, v. IDAHO POWER COMPANY, an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1995 Term.

May 23, 1995.

Attorney(s) appearing for the Case

E. Lee Schlender, Hailey, for plaintiffs-appellants.

Evans, Keane, Boise, for defendant-respondent. Rex Blackburn argued.

TROUT, Justice.

This is a negligence action which was dismissed by the trial court on a Rule 12(b)(6) motion, for failure to state a claim upon which relief can be granted. The appellants, Russell and Nancy Orthman (Orthman), are alleging that respondent Idaho Power Company (Idaho Power) was negligent because it knew or should have known that Russell Orthman would attempt to reconnect his power after Idaho Power allegedly wrongfully terminated it.

I.

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