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HUGHES v. STATE12/24/1996
Idaho 295, 543 P.2d 848 (1975), and that the no parking zone on the curb in question may not have been maintained properly. The Department also presented evidence that the Dodge Dart was parked illegally, possibly because the no parking zone had not been maintained, and that this likely obstructed Peterson's view of the corner on which Hughes was standing. This Court has determined that everyone has a right to assume that others will obey the law. See Holland v. Peterson, 95 Idaho 728, 518 P.2d 1190 (1974). Consequently, we believe the Department presented sufficient evidence to indicate that the City of Pocatello and the owner of the Dodge Dart may have breached their duties, thereby contributing to Hughes' injury.
Based upon this evidence and the relevant case law, there was sufficient evidence for the jury, at least, to consider the negligence of these two nonparties when the jury apportioned negligence. Therefore, we hold that, on retrial, the City of Pocatello and the owner of the Dodge Dart should be included on the special verdict form.
F. Attorney's Fees
The Hugheses request attorney's fees resulting from the defense of this appeal, arguing that the Department and Peterson's appeal is frivolous, presented no bona fide arguments and advanced no authority. Respondents do not identify any particular conduct or arguments that they deem frivolous or unmeritorious, and we believe, on the contrary, that the Department and Peterson have asserted issues that deserved determination on appeal. I.C. Section 12-121 and Section 12-123. Thus, there is no basis for an award of attorney's fees to the Hugheses.
III.
CONCLUSION
The decision of the district court granting a new trial is affirmed on the basis that an error in law occurred during trial. On retrial, the district court is directed to include the City of Pocatello and the owner of the Dodge Dart on the special verdict form. We award costs on appeal to respondents.
McDEVITT, C.J., and JOHNSON and SILAK, JJ., concur.
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