Day v. CIBA Geigy Corp.

BAKES, Justice,

concurring specially:

I concur with the Court’s decision which “affirm[s] the trial court’s dismissal of the case under I.R.C.P. 41(b) and its denial of attorney fees to CIBA Geigy under I.C. § 12-120(2).” I am not sure what to make of the balance of the Court’s opinion which “reverse[s] as a matter of law the trial court’s finding that the Day’s filing of their complaint toward the end of the statute of limitations period contributed to a delay in prosecution of the case,” unless by that part of the opinion the Court is merely indicating its disapproval of that portion of the trial court’s analysis.