Legal Opinion
Gerstner v. Washington Water Power Co.
Idaho Court of Appeals
Decided December 20, 1990No. 18053PublishedCited by 1 opinion
1Opinion of the Court
SWANSTROM, Judge.
The sole issue in this case is whether the district court abused its discretion in dismissing plaintiffs’ action under I.R.C.P. 41(b) for failure to prosecute. We affirm the dismissal order.
Thomas Gerstner, an employee of Hern Iron Works, sued Washington Water Power Company (WWP), alleging he sustained injuries on December 11, 1983, because WWP employees, who had knowledge of a dangerous electrical hazard at the Hern Iron Works, failed to warn him. Gerstner filed his action in October, 1984.
In September, 1986, after giving notice of intended dismissal under I.R.C.P. 40(c),…
2Cases cited8 opinions
- Kirkham v. 4.60 Acres of Land in Vicinity of InkomIdaho Supreme Court · 1980
- Day v. CIBA Geigy Corp.Idaho Supreme Court · 1989
- Grant v. City of Twin FallsIdaho Court of Appeals · 1987
- Ellis v. Twin Falls Canal Co.Idaho Supreme Court · 1985
- Rudy-Mai Farms v. PetersonIdaho Court of Appeals · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Martinez v. StateIdaho Court of Appeals · 1995