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GILL v. BROWN

No. 15145.

695 P.2d 1276 (1985)

107 Idaho 1137

Richard GILL and Maren Gill, husband and wife, Plaintiffs-Appellants, v. Morris BROWN, Defendant-Respondent.

Court of Appeals of Idaho.

February 8, 1985.

Attorney(s) appearing for the Case

Cumer L. Green and Bradford S. Eidam (argued), Boise, for plaintiffs-appellants.

Wayne E. Davis, Caldwell, for defendant-respondent.

WALTERS, Chief Judge.

Richard and Maren Gill brought suit against Morris Brown, seeking to recover damages sustained when Brown allegedly shot and killed a donkey owned by the Gills. The Gills sought recovery both for property damage and for mental anguish. Before trial, the district court, believing damages for mental anguish to be nonrecoverable, sua sponte ordered that claim stricken from the complaint. Following issuance of a certificate of finality, I...

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