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MUNSON v. STATE, DEPARTMENT OF HIGHWAYS

No. 11309.

524 P.2d 166 (1974)

96 Idaho 38

Martha Deon Ostergar MUNSON, guardian ad litem for Gaye Ostergar, a minor, et al., Plaintiffs, Appellants, v. STATE of Idaho, DEPARTMENT OF HIGHWAYS, a civil administrative department of the State of Idaho, et al., Defendants, Respondents.

Supreme Court of Idaho.

July 10, 1974.

Attorney(s) appearing for the Case

Kenneth F. Clarke, Clarke & Jarman, Blackfoot, for plaintiffs-appellants.

Faber F. Tway, Chief Legal Counsel, and Jonathan W. Cottrell, Boise, for Idaho Dept. of Highways, for defendants-respondents.

DONALDSON, Justice.

On August 28, 1970, Allen C. Ostergar was a passenger in an automobile traveling east on Idaho State Highway 26 near Blackfoot, Idaho. The automobile collided with the rear of another automobile which had been stopped on the highway by employees of the Department of Highways for the State of Idaho. Mr. Ostergar died September 27, 1970, from the injuries resulting from the collison.

The appellant, Martha Ostergar Munson, the surviving spouse...

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