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STUCKI v. LOVELAND

No. 10773.

495 P.2d 571 (1972)

94 Idaho 621

Anna Leigh STUCKI et al., Plaintiffs-Appellants, v. Alan S. LOVELAND, as Administrator of the Estate of Carrie S. Loveland Smith, Deceased, Defendant-Respondent.

Supreme Court of Idaho.

April 6, 1972.

Attorney(s) appearing for the Case

Rigby & Thatcher, Rexburg, for plaintiffs-appellants.

Elam, Burke, Jeppesen, Evans & Boyd, Boise, for respondent.

St. Clair, St. Clair, Hiller & Benjamin, Idaho Falls, for respondent.

American Trial Lawyers Ass'n, Samuel Kaufman, Boise, amicus curiae.

McQUADE, Chief Justice.

In 1968 an automobile collision claimed the life of Mary Ann Stucki. Mrs. Stucki's minor children, by their grandfather and guardian ad litem, brought a wrongful death action, authorized by I.C. § 5-311,1 against Carrie Loveland Smith.2 When Mrs. Smith died during pendency of the action, the present respondent, administrator of her estate...

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