In the past week or so, two men were killed while riding their bikes in Boise.  Tonight, a third cyclist was struck by a car near Fairview and Amber streets.  How does it happen that drivers continue to injure and kill persons riding their bikes lawfully, on Boise streets? I have to confess that I ride on Boise streets almost

Continue Reading A Third Bicyclist Hit – This Time Injured

 I had an interesting call this past week inquiring about potential civil liability for a wrongful death at a ski area. This call reminded me of the tragedy surrounding Natasha Richardson’s death last March when she suffered head injuries at a ski area. A few years ago, Mel Orchard (an attorney at Gerry Spence’s shop) and I tried a similar

Continue Reading Off Topic – Ski Area Liability for Wrongful Death

 I am working on my response to a motion to dismiss a civil case under Rule 12(c), which permits a judgment on the pleadings to be granted when, taking all the allegations as true, the moving party is entitled to judgment as a matter of law.  This is a civil case, and the practice in civil cases is different than

Continue Reading Can’t The Judge Just Dismiss This Case?