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STANLEY v. LENNOX INDUSTRIES, INC.

No. 29809.

102 P.3d 1104 (2004)

149 Idaho 785

Marjorie STANLEY, Plaintiff-Appellant, v. LENNOX INDUSTRIES, INC., Defendant-Respondent, and Maple Chase Company and Does 1 through 5, Defendants.

Supreme Court of Idaho, Lewiston, October 2004 Term.

Rehearing Denied December 28, 2004.

Attorney(s) appearing for the Case

Ramsden & Lyons, Coeur d'Alene, for appellant. Marc A. Lyons argued.

Brassey, Wetherell, Crawford & McCurdy, Boise, for respondent. Robert T. Wetherell argued.

EISMANN, Justice.

This is an appeal from the grant of summary judgment dismissing a products liability action and the award of court costs and attorney fees under Idaho Code § 12-121 and Rule 11 of the Idaho Rules of Civil Procedure. We hold that the district court erred in granting summary judgment. We reverse the order granting summary judgment, vacate the judgment in favor of the respondent, and remand this case for further proceedings.

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