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EMERY v. J.R. SIMPLOT CO.

No. 30055.

111 P.3d 92 (2005)

Mark D. EMERY, Claimant-Appellant, v. J.R. SIMPLOT COMPANY, Defendant-Respondent.

Supreme Court of Idaho, Boise, November 2004 Term.

Rehearing Denied April 29, 2005.

Attorney(s) appearing for the Case

John F. Greenfield, P.A., Boise, for appellant. Darin G. Monroe argued.

Wesley Landon Scrivner, Boise, for respondent.

SCHROEDER, Chief Justice.

Mark Emery (Emery) appeals an Industrial Commission order denying his motion to vacate an order dismissing his claim with prejudice that was entered pursuant to a stipulation to dismiss with prejudice executed by Emery and his employer, J.R. Simplot Company (Simplot).

I.

FACTUAL AND PROCEDURAL BACKGROUND

Emery began working for Simplot as a warehouseman in November of 2000. On March 10, 2001, he twisted and injured...

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