Juarez v. Aardema , 128 Idaho 687 ( 1996 )

McDEVITT, Chief Justice,

dissenting.

I am compelled to dissent from the Court’s opinion.

Under section I of the Court’s opinion, FACTS AND PROCEDURAL BACKGROUND, it correctly relates the evidence that was before the Court: “Before the police arrived, Haag noticed that Juarez had finished greasing all of the gates.” The evidence was uncontroverted that Juarez had in the words of Haag “finished greasing all of the gates.” There was, therefore, no reason for an electrical lockout procedure pursuant to the Occupational Safety & Health Act of 1970 (OSHA) regulations. NO ONE WAS WORKING ON THE GATES. THE WORK HAD BEEN COMPLETED.

Clearly the jury could discern that there was no factual predicate for Preston’s opinion that Juarez was killed while working on the gates.

SCHROEDER, J., concurs in dissent.