Nield v. Pocatello Health Services, Inc.

I entirely concur with the legal reasoning contained in Justice Eismann’s dissent. I write separately because I am unable — perhaps it is more accurate to say that I am unwilling — to reach Justice Eismann’s conclusion as to our colleagues’ motives, i.e., that the majority’s decision is “based solely upon whom they want to win or lose” and that the majority’s description of our holding in Weeks v. E. Idaho Health Servs., 143 Idaho 834, 153 P.3d 1180 (2007) is motivated by a desire “to find a way to reverse the district court so that Ms. Nield can prevail in this action.” Thus, I would…