Thomas v. Medical Center Physicians12/27/2002
Meridian Athletic Ass'n, Inc., 105 Idaho 509, 512, 670 P.2d 1294, 1297 (1983). Summary judgment is appropriate if the pleadings, affidavits, and discovery documents on file with the court, read in a light most favorable to the nonmoving party, demonstrate no material issue of fact such that the moving party is entitled to a judgment as a matter of law. I.R.C.P. 56(c); Badell v. Beeks, 115 Idaho 101, 102, 765 P.2d 126, 127 (1988). In making this determination all allegations of fact in the record and all reasonable inferences from the record are construed in the light most favorable to the party opposing the motion. City of Kellogg v. Mission Mountain Interests Ltd., Co., 135 Idaho 239, 243, 16 P.3d 915, 919 (2000). When a jury is to be the finder of fact, summary judgment is not proper if conflicting inferences could be drawn from the record and reasonable people might reach different conclusions. State Dept. of Fin. v. Res. Serv. Co., Inc., 130 Idaho 877, 880, 950 P.2d 249, 252 (1997).
The burden of proving the absence of material facts is upon the moving party. Petricevich v. Salmon River Canal Co., 92 Idaho 865, 868, 452 P.2d 362, 365 (1969). The adverse party, however, may not rest upon the mere allegations or denials of his pleadings, but must respond, by affidavits or as otherwise provided in this rule, setting forth specific facts showing that there is a genuine issue for trial. I.R.C.P. 56(e). Therefore, the moving party is entitled to judgment when the nonmoving party fails to make a showing sufficient to establish the existence of an element essential to that party's case on which that party will bear the burden of proof at trial. Badell, 115 Idaho at 102, 765 P.2d at 127 ( citing Celotex v. Catrett, 477 U.S. 317 (1986)).
"The grant or denial of leave to amend after a responsive pleading has been filed is a matter that is within the discretion of the trial court and is subject to reversal on appeal only for an abuse of that discretion." Black Canyon Racquetball Club, Inc., v. Idaho First Nat'l Bank, N.A., 119 Idaho 171, 175, 804 P.2d 900, 904 (1991). " his Court exercises free review over the district court's conclusions of law." Williamson v. City of McCall, 135 Idaho 452, 454, 19 P.3d 766, 768 (2001).
III. THE DISTRICT JUDGE PROPERLY GRANTED MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT ON SOME ISSUES BUT ERRED IN GRANTING THE MOTION ON THE VIOLATION OF PUBLIC POLICY CLAIM
A. Thomas Failed To Preserve Certain Material Issues On Appeal
In order to be considered by this Court, the appellant is required to identify legal issues and provide authorities supporting the arguments in the opening brief. I.A.R. 35. " his Court will not review the actions of the district court which have not been specifically assigned as error[,] specially where there are no authorities cited nor argument contained in the briefs upon the question." Taylor v. Browning, 129 Idaho 483, 490, 927 P.2d 873, 880 (1996) (internal quotation omitted). Moreover, this Court will not consider arguments raised for the first time in the appellant's reply brief. State v. Killinger, 126 Idaho 737, 740, 890 P.2d 323, 326 (1995).
1. Waiver
Thomas argues that the procedural defects of his termination by Medical Center and the individual directors constituted breach of contract, breach of the duty of good faith and fair dealing, violation of Idaho Code ยง 30-1-821, interference with an existing contract and intentional interference with a prospective economic advantage. The district judge concluded that Thomas' action in executing the March 10, 1998, purchase agreements and accepting the additional consideration paid waived any technical defects in the termination
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