When future damages in a personal injury action exceed $100,000, the court may, in its discretion and at the request of either party, order the periodic payment of the future damages. Idaho Code § 61602 (1990). Unless the claimant agrees, periodic payments may not be ordered in a case involving an intentional tort, gross negligence, or an extreme deviation from reasonable standards of conduct. Id. A judgment payable by periodic payments constitutes a property right which is inheritable, divisible, and assignable.
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