MORELAND v. ADAMS

No. 32284.

152 P.3d 558 (2007)

Mary MORELAND, Casey Moreland, Amy Boyer, Plaintiffs-Appellants, v. Royce ADAMS, Randy Adams, Defendants-Respondents, and John Does and Jane Does 1 through X, individuals; and Corporations A through Z; and General Corporations AA through DD, and their heirs, successors and assigns, Defendants.

Supreme Court of Idaho, Boise, November 2006 Term.

January 26, 2007.


Attorney(s) appearing for the Case

Hepworth, Lezamiz & Janis, Chtd., Twin Falls; Hollifield Law Office, Twin Falls; and Eric J. Burch, Manchester, TN, for appellants. Benjamin J. Cluff argued.

Tolman, Brizee & Martens, PC, Twin Falls, for respondent Royce Adams. Jennifer K. Brizee argued.

Saetrum Law Offices, Boise, for respondent Randy Adams. Robert R. Gates argued.


TROUT, Justice.

This case arises from a wrongful death action and addresses the definition of "open range" under Idaho Code section 25-2118. Plaintiffs, the family of the decedent, appeal the trial court's grant of summary judgment to defendants Royce and Randy Adams, whom the court found were entitled to immunity for cattle running on open range.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On March 19, 2004, Rodney Moreland was riding a motorcycle...

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