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Payne v. Wallace8/14/2001
t Loan Fund of Idaho v. Duerner, 131 Idaho 45, 52, 951 P.2d 1272, 1279 (1997); Curtis, 123 Idaho at 605, 850 P.2d at 756; Garnett v. Transamerica Ins. Serv., 118 Idaho 769, 781, 800 P.2d 656, 668 (1990).
Our analysis begins with the observation that punitive damages are unavailable unless the plaintiff can show the invasion of a legally protected right. Village of Peck v. Denison, 92 Idaho 747, 751-52, 450 P.2d 310, 314-15 (1969). That is, the plaintiff must first be entitled to legal or equitable relief before punitive damages can be obtained. Boise Dodge, Inc. v. Clark, 92 Idaho 902, 906-07, 453 P.2d 551, 555-56 (1969). See also Aztec Ltd., Inc. v. Creekside Inv. Co., 100 Idaho 566, 570, 602 P.2d 64, 68 (1979). This rule eliminates the possibility of an award of punitive damages to Stacie, for we have held that the burden of proof was not sustained on her cause of action.
We consider, therefore, only whether the evidence was sufficient to warrant submission of a punitive damages claim by Diana. We conclude that it does not. The Paynes predicate their claim for punitive damages on Wallace's belligerence and profanity following the collision. We are in agreement with the district court that foul language is not an adequate basis for an award of punitive damages. We find wisdom in the oft-quoted statement of Judge Magruder, "Against a large part of the frictions and irritations and clashings of temperaments incident to participation in a community life, a certain toughening of the mental hide is a better protection than the law could ever be." Magruder, Mental and Emotional Disturbance in the Law of Torts, 49 HARV. L. REV. 1033, 1035 (1936). Of the expectation of legal compensation for rude behavior, our Supreme Court has said:
The rough edges of our society are still in need of a good deal of filing down, and in the meantime plaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate and unkind. There is no occasion for the law to intervene in every case where some one's feelings are hurt. Brown v. Fritz, 108 Idaho 357, 362, 699 P.2d 1371, 1376 (1985) (quoting RESTATEMENT (SECOND) OF TORTS § 46 cmt. d (1965)).
Although this comment in Brown was made in the analysis of a claim for negligent infliction of emotional distress, we think it equally applicable to a request for punitive damages. Wallace's conduct, although utterly unjustified and deserving of condemnation, is not the sort of extreme and harmful behavior that will support an award of punitive damages. Therefore, we conclude that the district court did not abuse its discretion in denying the Paynes' motion to add a prayer for punitive damages to their complaint.
C. Attorney Fees in the District Court
1. Idaho Code § 12-121 and Idaho Rule of Civil Procedure 54
The Paynes next assert that the district court erred in denying their request for attorney fees pursuant to I.C. § 12-121. The determination whether to award attorney fees under that statute is discretionary with the trial court and will not be overturned on appeal absent an abuse of discretion. Everett v. Trunnell, 105 Idaho 787, 791, 673 P.2d 387, 391 (1983); United States Nat'l Bank of Oregon v. Cox, 126 Idaho 733, 735, 889 P.2d 1123, 1125 (Ct. App. 1995).
Section 12-121 authorizes trial courts to award attorney fees to the prevailing parties in civil actions, but Idaho Rule of Civil Procedure 54(e)(1) limits such awards to actions where "the case was brought, pursued or defended frivolously, unreasonably or without foundation." Further, an award is permitted only if the entire claim or defense i
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