specially concurring.
I concur fully with every aspect of the majority opinion except for its decision in Part IV to overrule Black v. Reynolds, 109 Idaho 277, 707 P.2d 388 (1985). The majority does not explain in any detail why it is necessary or appropriate to overrule Black; therefore, I am unconvinced that we need to reach out and strike down this case. Furthermore, as the majority notes, neither party cited to this case, making the case for overruling Black even less compelling.