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JENSEN v. SHANK

Nos. 12672, 12619.

585 P.2d 1276 (1978)

99 Idaho 565

Michael E. JENSEN and Linda Jensen, husband and wife, Plaintiffs, v. Randy SHANK and Lucille Arlene Shank, husband and wife, Defendants and Respondents, and Twin Falls Highway District, a Municipal Corporation, Defendant. David W. DEPUY, personal representative of the Estate of Bruce P. Thain, Deceased, Defendant and Appellant and Cross-Claimant, v. Randy SHANK and Lucille Arlene Shank, husband and wife, Cross-Defendants and Appellants, and Twin Falls Highway District, a Municipal Corporation, Cross-Defendant. Michael E. JENSEN and Linda Jensen, husband and wife, Plaintiffs and Appellants, v. Randy SHANK and Lucille Arlene Shank, husband and wife, Defendants and Respondents, and Twin Falls Highway District, a Municipal Corporation, Defendant. David W. DEPUY, personal representative of the Estate of Bruce P. Thain, Deceased, Cross-Claimant, v. Randy SHANK and Lucille Arlene Shank, husband and wife, and Twin Falls Highway District, a Municipal Corporation, Cross-Defendants.

Supreme Court of Idaho.

Rehearing Denied November 20, 1978.

Attorney(s) appearing for the Case

Jay Sudweeks, of May, May, Sudweeks & Fuller, Twin Falls, for appellant Jensens.

Donald W. Lojek, of Moffatt, Thomas, Barrett & Blanton, Boise, for appellant and counterclaimant DePuy.

Bert Larson, of Parry, Robertson, Daly & Larson, Twin Falls, for respondent Shanks.

BAKES, Justice.

On July 12, 1975, Bruce Thain was driving a car in which Michael and Linda Jensen were passengers. At an intersection Thain's car collided with a car driven by Lucille Shank. The intersection was supposed to be controlled by a stop sign from Thain's direction, but the sign had been removed by some unknown persons. Thain died in the accident, and Michael and Linda Jensen and Lucille Shank were injured.

The Jensens sued Lucille Shank and her...

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