Gary Duspiva v. Clyde Fillmore
293 P.3d 651
Idaho2013Background
- Gary Duspiva Well Drilling & Development sued Clyde and John Fillmore for $30,665 remaining on drilling services for a domestic LTG well.
- At June 11, 2007 meeting, the parties discussed location, depth, price, and sand allowances; no writing memorialized the discussion.
- Duspiva drilled to 1130 feet despite LTG conditions at ~600 feet; the well reached 102°F water and LTG concerns were not explained to Fillmores.
- IDWR warned Duspiva about LTG wells; after completion, LTG ramifications led to an administrative decision to abandon the well and split closure costs with Down Rite.
- Fillmores paid $10,000 each earlier and later pursued ICPA counterclaims; trial court found Duspiva violated the ICPA and awarded damages and fees, with appeal following.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Duspiva violated the ICPA | Duspiva violated by deceptive practices and unnecessary services | No deception; drilling deeper was professional judgment | Yes, ICPA violation established under subsections (16)-(17) |
| Whether ICPA remedies were properly applied | Remedies should include damages under 48-608(1) | Remedies either void the contract or allow damages; not cumulative | Remedies correctly applied under 48-608(1), not cumulatively |
| Whether Ed Squires could testify as an expert | Squires necessary to educate the court on drilling practices | Untimely disclosed opinions; risk of prejudice | Court did not abuse discretion; allowed testimony within scope |
| Attorney fees on appeal | Fillmores entitled to appellate fees under ICPA 48-608(5) | No responsive argument; fees appropriate if prevailing | Fillmores awarded appellate attorney fees under 48-608(5) |
Key Cases Cited
- State ex rel. Wasden v. Daicel Chem. Indus., Ltd., 141 Idaho 102 (Idaho 2005) (FTCA guidance; deceptive acts under ICPA)
- Taylor v. McNichols, 149 Idaho 826 (Idaho 2010) (standing under ICPA; voidable contract option)
- Knipe Land Co. v. Robertson, 151 Idaho 449 (Idaho 2011) (I.C. § 48-608(1) damages and voidable option)
- Master Distribs., Inc. v. Bar, 101 Idaho 447 (Idaho 1980) (unfair practice standard under FTCA influence)
- Machado v. Ryan, 153 Idaho 212 (Idaho 2012) (standard of review for factual findings on bench trials)