Judge bars Hollywood couple's arbitration claim

Storey wins latest round in longstanding construction dispute

By :TERRY SMITH

A Blaine County 5th District Court judge has barred further arbitration claims by Hollywood couple Tom Hanks and Rita Wilson against a construction contractor that built their home north of Ketchum in 2002.

Judge Robert J. Elgee ruled late Thursday afternoon in favor of Ketchum contractor Storey Construction in a longstanding dispute over alleged construction defects at the Hanks and Wilson home and three surrounding guest cottages. Elgee used a legal principle called res judicata in determining that the matter was settled in 2004 when the American Arbitration Association ruled in favor of Storey Construction and awarded the company $1.85 million in unpaid contract balance, interest and legal fees. Res judicata is a Latin phrase that means the "matter is already judged."

Hanks and Wilson filed a new arbitration claim last November alleging that new construction defects had been discovered. In response, Storey filed a lawsuit in Blaine County last December to prevent further arbitration.

Ketchum attorney Miles Stanislaw, who represents Storey Construction, told the Idaho Mountain Express on Friday that Elgee's decision is a total victory for his client.

"What that means is there isn't going to be any trial, there isn't going to be any claim against Storey, it's over," said Stanislaw.

"The judge essentially ruled that they had their chance in the prior arbitration," he said. "So unlike the movies where you get to do it over again, in Blaine County you don't get a do over if you don't like the results the first time around."

The Los Angeles law firm of Peckar & Abramson, which represents Hanks and Wilson, was preparing a statement on the judge's decision but it was not available Friday afternoon.