Farm Bureau Mutual Insurance v. Eisenman

W. JONES, J.,

specially concurring.

I join the majority’s holding that the Estate cannot recover damages available under the wrongful death statute, I.C. § 5-311, such as loss of care, comfort, companionship, and society. See generally Horner v. Sani-Top, Inc., 143 Idaho 230, 141 P.3d 1099 (2006) (discussing available damages). I further join the majority’s holding that Respondents waived the estoppel issue by failing to cite authority or to argue the point. I write separately to highlight my reasons for reaching those conclusions.

The key to resolving this case is to differentiate between two…