Jones v. Watson

Defendants’ primary contention is that this Court’s holding in Lipe v. Javelin Tire Company, Inc., 96 Idaho 723, 536 P.2d 291 (1975), was neither a judicial repeal of nor an amendment to Idaho’s tolling statute, I.C. § 5-229. Citing cases from Washington, Arizona, Montana, Nevada, Utah, Alaska, New Mexico, Oregon, Oklahoma, and the Fifth Circuit Court of Appeals,1 *611defendants urge upon us that no appellate court in the western states has restricted a decision similar to our Lipe case to exclusively prospective application. What the Court does which I find most objectionable is amend Lipe to…