Madsen v. Nuxoll

This is an appeal in a civil action brought by the plaintiff-appellant, John Madsen, against an employee of the Department of Health and Welfare, alleging tortious conduct by the employee, Jerry Nuxoll, during a telephone conversation. Madsen appeals from an order of the district court dismissing the case for inactivity pursuant to I.R.C.P. 40(c). We affirm.

The action was commenced on January 16, 1987, and was thereafter temporarily abated due to an interim appeal. See Mad-sen v. Idaho Dept. of Health and Welfare, 116 Idaho 758, 779 P.2d 433 (Ct.App.1989) {Madsen I). As a result of the…