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MUNSON v. STATE, DEPARTMENT OF HIGHWAYS

No. 11594.

531 P.2d 1174 (1975)

96 Idaho 529

Martha Deon Ostergar MUNSON, guardian ad litem for Gaye Ostergar, 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.

February 21, 1975.

Attorney(s) appearing for the Case

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

Jonathan Cottrell, Sp. Asst. Atty. Gen., Faber F. Tway, Legal Counsel, Idaho, Dept. of Transportation, Boise, Kerr & Williams, Blackfoot, for defendants-respondents.

DONALDSON, Justice.

In 1970 Allen Ostergar died from injuries suffered in an automobile accident on State Highway 26 near Blackfoot, Idaho. Ostergar owned the Dodge van in which he was riding, but it was being driven by Joseph Gooch, who also died as a result of the accident. The collision occurred when the van was driven into the rear of a pickup truck that had been stopped on the highway by the flagman of a State Department of Highways repair crew. The crew was...

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