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NAVARRETE v. CITY OF CALDWELL12/5/1997
The City of Caldwell appeals from the district court's order granting Salvador Alfaro summary judgment. The City contends that Alfaro, under the terms of his sublease, was obligated to defend the City in a wrongful death action brought by a third party. We affirm.
I.
FACTS AND PROCEDURE
The underlying case involved a number of parties, but only two are involved in this appeal — Alfaro and the City. The underlying case was a wrongful death action brought by the parents of Manual Navarrete, Jr., who died when he fell through the bleachers at a rodeo stadium in Caldwell.
The City of Caldwell had leased the property to Caldwell-Treasure Valley Rodeo, Inc. (CTVR), who then subleased the property to Alfaro. The parents brought suit against Alfaro because he promoted the rodeo and against the City because it owned the property. Pursuant to the sublease, Alfaro was obligated to obtain a liability policy naming the City as an additional insured. However, when the City tendered the defense of this suit to the insurer, the insurer refused to defend or indemnify the City. Thereafter, the City notified Alfaro of the insurer's decision, but Alfaro also refused to provide a defense or to indemnify the City. The City filed a cross-claim against Alfaro contending that
Alfaro had agreed to defend and indemnify the City for lawsuits which may be brought against it as a result of Alfaro's use of the property. Alfaro filed a motion for summary judgment claiming that he had met his obligations under the sublease agreement with CTVR and that he had not breached the contract. The district court granted Alfaro's motion for summary judgment. The City appeals.
II.
ANALYSIS
We must address two issues on appeal. We will first decide whether the district court erred when it granted Alfaro's motion for summary judgment and then determine whether attorney fees should be awarded on appeal.
A. Summary Judgment
The City contends the district court erred when it granted Alfaro summary judgment on the City's cross-claim for breach of contract. Summary judgment under Idaho Rule of Civil Procedure 56(c) is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. On appeal, we exercise free review in determining whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Edwards v. Conchemco, Inc., 111 Idaho 851, 852, 727 P.2d 1279, 1280 (Ct.App. 1986). When assessing the motion for summary judgment, all controverted facts are to be liberally construed in favor of the nonmoving party. Furthermore, the trial court must draw all reasonable inferences in favor of the party resisting the motion. G & M Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991); Sanders v. Kuna Joint School Dist., 125 Idaho 872, 874, 876 P.2d 154, 156 (Ct.App. 1994).
Once the moving party establishes the absence of a genuine issue, the burden shifts to the nonmoving party to make a showing of the existence of a genuine issue of material fact on the elements challenged by the moving party. State v. Shama Resources Ltd. Partnership, 127 Idaho 267, 270, 899 P.2d 977, 980 (1995). Idaho Rule of Civil Procedure 56(c) requires the entry of summary judgment against a nonmoving party who fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party bears the burden of proof. Id.
The central issue revolves around the interpretation of Alfaro's sublease with CTVR. The question whether a contract is ambiguous is o
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