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HARPOLE v. STATE5/19/1998
Substitute Opinion. The Court's Prior Opinion Dated January 29, 1998, is hereby withdrawn.
Travis Harpole brought a personal injury action against the State of Idaho and the Department of Lands (the State) seeking damages for injuries he received while working as a logger for Potlatch Corporation (Potlatch). The district court granted summary judgment in favor of the State, and Harpole appeals that decision. We affirm.
I.
BACKGROUND AND PRIOR PROCEEDINGS
The State of Idaho and Potlatch entered into a contract in which the State sold Potlatch timber rights on state-owned property known as the Breakfast Bowl. Potlatch harvested timber at the Breakfast Bowl pursuant to the contract. An employee of Potlatch, Travis Harpole, was involved in an accident while performing logging operations at the Breakfast Bowl. Harpole was paralyzed from the waist down as a consequence
of the accident. All of the people involved in the accident were employees of Potlatch.
Harpole filed a complaint against the State seeking damages for the injuries that he received. The State moved for summary judgment. The district court granted summary judgment in favor of the State, reasoning that the State was not a statutory employer under section 72-102(12) of the Idaho Code (I.C.) and, therefore, did not owe Harpole a duty of care. Harpole asserts a number of issues on appeal, including the claims: (1) that the statutory scheme set forth in I.C. §§ 72-102 — 223 and chapter 17.5 of the Idaho Administrative Procedures Act (IDAPA) requires that the State comply with or assure compliance with applicable safety codes and regulations; and (2) that sections 414, 416 and 427 of the Restatement Second of Torts impose a duty upon the State.
The State maintains that it was not an employer and, therefore, owed no duty to Harpole. Further, the State maintains that it is immune under the Idaho Tort Claims Act. Whether the State owes any of the duties claimed by Harpole depends on whether the State employed either Harpole or Potlatch as an employee or independent contractor. If the State did not do so, none of the duties claimed by Harpole would attach.
II.
STANDARD OF REVIEW
Idaho Rule of Civil Procedure 56(c) requires the trial court to enter summary judgment "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." In reviewing an order granting summary judgment, this Court applies the same standard employed by the trial court when it initially ruled on the motion. Idaho Sch. for Equal Educ. Opportunity v. Evans, 123 Idaho 573, 578, 850 P.2d 724, 729 (1993). Every reasonable inference presented on the record will be drawn in favor of the party opposing the motion. Tingley v. Harrison, 125 Idaho 86, 89, 867 P.2d 960, 963 (1994); Idaho Sch., 123 Idaho at 578, 850 P.2d at 729. If reasonable people could reach different conclusions based on the evidence, the motion must be denied. Farm Credit Bank of Spokane v. Stevenson, 125 Idaho 270, 272, 869 P.2d 1365, 1367 (1994); Olsen v. J.A. Freeman Co., 117 Idaho 706, 720, 791 P.2d 1285, 1299 (1990). However, a mere scintilla of evidence or only slight doubt as to the facts is insufficient to withstand summary judgment; there must be sufficient evidence upon which a jury could reasonably return a verdict resisting the motion. Corbridge v. Clark Equip. Co., 112 Idaho 85, 87, 730 P.2d 1005, 1007 (1986); Snake River Equip. Co. v. Christensen, 107 Idaho 541, 549, 691 P.2d 787, 795 (Ct.App. 1984).
In this case there is a
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