Greer v. Ellsworth

WALTERS, Chief Judge,

dissenting.

The foregoing opinion holds that, as a matter of law, all requirements of I.C. § 25-2118 have been satisfied and that therefore the cattle owners (the Ellsworths) are clothed with immunity from liability to the Greers. I disagree. As I read the statute, it applies only where there is a collision between a vehicle and an animal. Such an occurrence does not appear to have happened in this case. I would remand the case for a determination of liability under ordinary rules of negligence without the protection afforded to an animal’s owner under I.C. § 25-2118.