Melinda Deiter v. Donald Coons
394 P.3d 87
| Idaho | 2017Background
- Patty Anderson sold "1/2 of a beef (in carcass weight)" via a handwritten contract to Joseph and Melinda Deiter; Anderson arranged for the steer to be slaughtered and paid the slaughterer.
- Donald Janak (Janak, Inc.) slaughtered the steer on Anderson’s property, split the carcass, and delivered the halves to Don’s Meats (owned/operated by the Coonses) for custom processing.
- Deiters specified butcher/packaging instructions; processed packages were labeled "Not for Sale" and the Deiters picked up and consumed the meat, later becoming ill from E. coli.
- Deiters sued Anderson, Janak (settled), Janak, Inc., and the Coonses, alleging negligence per se under the Federal Meat Inspection Act (FMIA) and other theories; district court granted summary judgment for Anderson and the Coonses.
- On appeal the Idaho Supreme Court affirmed summary judgment for Anderson and the Coonses, holding (among other rulings) that title passed to the buyers when possession transferred to Janak and that plaintiffs failed to show FMIA violations or causation against respondents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anderson was negligent per se under the FMIA for selling adulterated/insanitary meat | Anderson sold the steer that became adulterated and therefore violated 21 U.S.C. § 610(c) | Anderson sold the live steer and completed delivery before slaughter; FMIA’s inspection/sale provisions did not apply to her at that time | Judgment for Anderson affirmed: title passed at delivery to Janak; the live animal was not an inspected "carcass" and Anderson was not owner at slaughter, so FMIA negligence-per-se claim fails |
| When title passed under the Idaho UCC (I.C. § 28-2-401) | Deiters: they bought only the resulting meat, not the live steer; title did not pass at transfer to Janak | Anderson/Coonses: contract sold one-half of the steer; delivery to Janak (carrier) completed seller’s performance — shipment contract — so title passed on delivery to carrier | Title passed when Anderson delivered possession to Janak (shipment contract); Deiters became owners upon delivery to Janak |
| Whether Don’s Meats (Coonses) violated FMIA / were negligent per se (received/processed adulterated meat, not custom-exempt, misbranding) | Deiters: Coonses prepared/processed adulterated meat for commerce, received meat requiring inspection, and misbranded by labeling "Not for Sale" though meat was effectively for sale | Coonses: they were a custom processor acting only to prepare owners’ meat, were paid for services (not selling meat), did not receive meat "for transportation" or hold it for sale; plaintiffs produced no evidence that required inspections would have detected E. coli or that lack of inspection caused injuries | Judgment for Coonses affirmed: plaintiffs failed to show FMIA violation or proximate causation as to the Coonses; processing was custom service and owners had title at delivery; insufficient evidence of causation |
| Whether respondents are entitled to appellate attorney fees under I.C. § 12-121 | N/A (plaintiffs sought to avoid fee award) | Anderson and Coonses sought fees arguing appeal frivolous | Fees denied: Court did not find appeal frivolous, so no attorney fees awarded; respondents awarded costs only |
Key Cases Cited
- Clements Farms, Inc. v. Ben Fish & Son, 120 Idaho 185, 814 P.2d 917 (1991) (appellate review limited to issues tried below; new theories not permitted on appeal)
- Stapleton v. Jack Cushman Drilling & Pump Co. Inc., 153 Idaho 735, 291 P.3d 418 (2012) (appellate courts may affirm on correct theory even if trial court used erroneous reasoning)
- Agrisource, Inc. v. Johnson, 156 Idaho 903, 332 P.3d 815 (2014) (agency/principal rules affecting contract liability)
- Infanger v. City of Salmon, 137 Idaho 45, 44 P.3d 1100 (2002) (summary judgment standard and inference rules)
- Black Canyon Racquetball Club, Inc. v. Idaho First Nat. Bank, N.A., 119 Idaho 171, 804 P.2d 900 (1991) (elements of negligence)
- O’Guin v. Bingham County, 142 Idaho 49, 122 P.3d 308 (2005) (negligence per se establishes duty and breach for negligence claim)
- Boise Tower Assocs., LLC v. Hogland, 147 Idaho 774, 215 P.3d 494 (2009) (appellate practice on remand when trial court did not decide an issue)
- Ada County Highway Dist. v. Total Success Invs., LLC, 145 Idaho 360, 179 P.3d 323 (2008) (appellate review limited to decisions actually ruled on below)