Wickstrom v. North Idaho College

725 P.2d 155, 111 Idaho 450, 1986 Ida. LEXIS 509
CourtIdaho Supreme Court
DecidedAugust 25, 1986
Docket16202
StatusPublished
Cited by57 cases

This text of 725 P.2d 155 (Wickstrom v. North Idaho College) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wickstrom v. North Idaho College, 725 P.2d 155, 111 Idaho 450, 1986 Ida. LEXIS 509 (Idaho 1986).

Opinions

[451]*451HUNTLEY, Justice.

This proceeding arises from the trial court’s grant of respondent’s motion for summary judgment on grounds that appellants’ claims against North Idaho College and one of its instructors, Charles D. Chastain, were tort claims barred by applicable provisions of the Idaho Tort Claims Act. We are called upon to decide whether, as found by the trial court, appellants’ claims lay in tort and were, consequently, barred by provisions of the Idaho Tort Claims Act, or whether such claims also state a possible cause of action in contract.

Russell Wickstrom, Kenneth Hash, Bruce Bennett and Kevin Ryan enrolled in a “Maintenance Mechanic (Millwright)” course at North Idaho College, taught by Charles D. Chastain. The school bulletin averred that, upon successful completion of the course, graduates would be qualified for employment as “entry level journeymen.” However, upon their successful completion of the course, appellants discovered that they were not qualified as entry-level journeymen.

After this discovery, plaintiffs sought legal advice, and a letter of demand, dated August 21, 1984, was sent to North Idaho College detailing appellants’ dissatisfaction with the course and their intent to take legal action if the college did not compensate them for sacrifices made in attending the course for eleven months. The letter, however, failed to state appellants’ names and addresses, the amount of any damages they had incurred and the nature of any injuries suffered.

Appellants filed a complaint December 3, 1984, alleging misrepresentation and that instructor Chastain “willfully, knowingly and intentionally failed, refused and omitted to properly and adequately instruct ... the matters set forth ... with the consent and knowledge of the defendant college.” They sought damages for lost wages, fringe benefits and anticipated increased earnings, general and punitive damages and attorney fees and costs.

The trial court treated respondents’ motion to dismiss as one for summary judgment and granted same on grounds that the complaint had only stated a cause of action in tort. The trial court rejected appellants’ argument that a claim in contract had been stated, ruling that “misfeasance” rather than “nonfeasance” was at the core of appellants’ claims, and therefore, the causé of action was in tort. Additionally, the court noted that the damages sought reflected that the cause of action lay in tort rather than contract, as neither rescission nor restitution were requested.

The trial court further held that the Idaho Tort Claims Act applied and that its notice provision (I.C. § 6-907) had not been complied with. Accordingly, summary judgment was granted.

We first address the issue of whether appellants claims are, in fact, barred by provisions of the Idaho Tort Claims Act. Secondly, we discuss whether the claims could have stated a cause of action in contract.

I. THE TORT CLAIM

As part of a junior college district, North Idaho College may sue and be sued in its own name (I.C. § 33-2108). As a governmental entity, the Idaho Tort Claims Act serves as a limitation on its potential liability. (I.C. § 6-901 et seq.).

In the instant case, however, any discussion of the substance or validity of appellants’ tort claim against North Idaho College is moot, given that appellants have failed to comply with the notice provision of the I.T.C.A. (I.C. § 6-907). I.C. § 6-907 provides in relevant part:

6-907. Contents of claims — Filing by agent or attorney — Effect of inaccuracies. — All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual [452]*452residence of the claimant at the time of presenting and filing the claim and for a period of six (6) months immediately pri- or to the time the claim arose.

The demand letter of August 21, 1984 failed to serve as notice of a claim pursuant to the I.T.C.A., since it failed to state the names and addresses of the claimants, the amounts of claimed damages and the nature of the injury claimed. The claim is, therefore, barred. I.C. § 6-907; Huff v. Uhl, 103 Idaho 274, 647 P.2d 730 (1982).

It should be noted, however, that appellants admitted at oral argument that the letter of August 21,1984 was never intended to constitute notice of a tort claim. Rather, appellants contend that their cause of action lies in contract. We turn, then, to that issue.

II. THE CONTRACT CLAIM

It is by now well-settled that the principal relationship between a college and its students is contractual.

[I]t is necessary to examine the relationship between a public post-secondary educational institution and a student. There seems to be almost no dissent from the proposition that the relationship is contractual in nature. Peretti v. State of Montana, 464 F.Supp. 784, 786 (D.Mont.1979) (rev’d on other grounds, Montana v. Peretti, 661 F.2d 756 (9th Cir.1981)).
The court in Peretti goes on to explain: Since a formal contract is rarely prepared, the general nature and terms of the agreement are usually implied, with specific terms to be found in the university bulletin and other publications; custom and usages can also become specific terms by implication. Peretti, 464 F.Supp. at 786.

See also, Ward v. Washington State University, 39 Wash.App. 630, 695 P.2d 133, 135 (1985); Marquez v. University of Washington, 32 Wash.App. 302, 648 P.2d 94 (1982); Zumbrun v. University of Southern California, 25 Cal.App.3d 1, 603 P.2d 454, 101 Cal.Rptr. 499 (1972).

In presenting the issue of whether a contract claim existed against North Idaho College before the trial court, appellants cited Zumbrun v. University of Southern California, 25 Cal.App.3d 1, 101 Cal.Rptr. 499, 603 P.2d 454 (1972). In Zumbrun, the court held that the contract between the university and student had been breached where an instructor had failed to complete instruction of a course in protest of various university policies. No final exam was given, and all students were passed and given grades of “B.” Plaintiff contended that she had not been given the educational background promised upon completion of the course.

In finding that no contract claim could be made in the instant case, the trial court here distinguished Zumbrun by characterizing the actions of the professor in that case as “nonfeasance,” whereas the alleged faulty instruction of Instructor Chastain constituted an allegation of “misfeasance,” and was, therefore, more akin to an alleged tort violation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

University of Kentucky v. Peter Regard
Kentucky Supreme Court, 2023
Vazquez v. Cleveland Chiropratic College, Inc.
Court of Appeals of Kansas, 2022
Yu v. ID State University
Idaho Supreme Court, 2019
Yu v. Idaho State Univ.
444 P.3d 885 (Idaho Supreme Court, 2019)
Herrera v. Charlotte School of Law, LLC
2018 NCBC 34 (North Carolina Business Court, 2018)
Waugh v. MORGAN STANLEY AND CO., INC.
966 N.E.2d 540 (Appellate Court of Illinois, 2012)
Waugh v. Morgan Stanley & Co., Inc.
2012 IL App (1st) 102653 (Appellate Court of Illinois, 2012)
Jamieson v. Vatterott Educational Centers, Inc.
259 F.R.D. 520 (D. Kansas, 2009)
Kashmiri v. Regents of the University of California
67 Cal. Rptr. 3d 635 (California Court of Appeal, 2007)
Ruegsegger v. Board of Regents of Western New Mexico University
2007 NMCA 030 (New Mexico Court of Appeals, 2006)
Ruegsegger v. WESTERN NM UNIVERSITY
154 P.3d 681 (New Mexico Court of Appeals, 2006)
BHA Investments, Inc. v. City of Boise
108 P.3d 315 (Idaho Supreme Court, 2004)
Scott v. SAVERS PROPERTY AND CAS. INS. CO.
2003 WI 60 (Wisconsin Supreme Court, 2003)
Scott v. Savers Property & Casualty Insurance
2003 WI 60 (Wisconsin Supreme Court, 2003)
Day v. Yale Univ. School of Drama, No. Cv 97-0400876 S (Mar. 20, 2003)
2003 Conn. Super. Ct. 3539 (Connecticut Superior Court, 2003)
Hendricks v. Clemson University
578 S.E.2d 711 (Supreme Court of South Carolina, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
725 P.2d 155, 111 Idaho 450, 1986 Ida. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wickstrom-v-north-idaho-college-idaho-1986.