Gill v. Brown

WALTERS, Chief Judge.

Richard and Maren Gill brought suit against Morris Brown, seeking to recover damages sustained when Brown allegedly shot and killed a donkey owned by the Gills. The Gills sought recovery both for property damage and for mental anguish. Before trial, the district court, believing damages for mental anguish to be nonrecoverable, sua sponte ordered that claim stricken from the complaint. Following issuance of a certificate of finality, I.R.C.P. 54(b), the Gills appealed. The sole issue is whether the Gills’ complaint alleges facts that, if proven, would permit them to…