Legal Opinion

Miller v. Stauffer Chemical Co.

Idaho Supreme Court

Decided July 12, 1978No. 12321PublishedCited by 24 opinions

1Opinion of the Court

McFADDEN, Justice.

This is an appeal from a judgment dismissing an action as barred by Idaho’s borrowing statute, I.C. § 5-239, which applies the California statute of limitations. The judgment is affirmed.

Appellant Carl L. Miller was an Oregon resident employed as a truck driver at the time he was allegedly injured by employees of respondent Stauffer Chemical who were loading his truck at a California fertilizer plant. More than a year later and after California’s one-year statute of limitation 1 on negligence actions had run, appellant moved from Oregon to Idaho without having filed suit in…

2Cases cited32 opinions

  1. Sosna v. IowaSupreme Court of the United States · 1975
  2. Richards v. United StatesSupreme Court of the United States · 1962
  3. United States v. GuestSupreme Court of the United States · 1966
  4. Linmark Associates, Inc. v. Township of WillingboroSupreme Court of the United States · 1977
  5. Baldwin v. Fish and Game Comm'n of Mont.Supreme Court of the United States · 1978

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3Cited by24 opinions

  1. Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
  2. Gennifer Flowers v. James Carville Hillary Rodham Clinton Little, Brown & Co. George StephanopoulosCourt of Appeals for the Ninth Circuit · 2002
  3. McCann v. Foster Wheeler LLCCalifornia Supreme Court · 2010
  4. Miller v. LockettIllinois Supreme Court · 1983
  5. Employers Insurance of Wausau v. Ehlco Liquidating TrustAppellate Court of Illinois · 1999

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