No. 12322.

579 P.2d 683 (1978)

99 Idaho 186

David SEPPI and Rosa Seppi, husband and wife, Plaintiffs-Respondents, v. Lester R. BETTY and Mountain States Telephone & Telegraph Company, a corporation, Defendants-Appellants.

Supreme Court of Idaho.

May 19, 1978.

Attorney(s) appearing for the Case

Gary T. Dance, of Merrill & Merrill, Chtd., Pocatello, for defendants-appellants.

Don Burnett, of Burnett, Woodland & Hawkes, Pocatello, for plaintiffs-respondents.

BAKES, Justice.

This is a personal injury action arising from an auto-pedestrian accident in Lava Hot Springs, Idaho, in 1974. The jury returned a special verdict finding plaintiff respondent David Seppi, the injured pedestrian, and defendant appellant Lester R. Betty, the driver of the vehicle, equally negligent. The district court subsequently granted the respondents' motion for new trial and the appellants brought this appeal from that order. We affirm.


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