Kyle Athay v. Rich County, Utah

BURDICK, Chief Justice.

This case comes before this Court on an appeal from several district court rulings in an ongoing dispute between Kyle Athay (Athay) and Rich County, Utah (Rich County). Athay was injured in a motor vehicle collision with Daryl Ervin (Ervin), who was fleeing police pursuit. Subsequently, Athay filed a civil suit against the pursuing law enforcement officers from Bear Lake County, Idaho and Rich County. This Court previously heard argument on this case in Athay v. Stacey, 142 Idaho 360, 128 P.3d 897 (2005) (“Athay I”), and in Athay v. Stacey, 146 Idaho 407, 196 P.3d 325…