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GAVICA v. HANSON

No. 12921.

608 P.2d 861 (1980)

101 Idaho 58

Richard Fermin GAVICA, personally and as heir, and as administrator of the estates of Fermin Gavica and Jean Gavica, deceased; Delphine Rae Schubert, personally and as heir; and Geraldine Jo Krueger, personally and as heir, Plaintiffs-Appellants, v. Harold Edmund HANSON; Stephen F. Frost d/b/a Stephen F. Frost Trucking Company, J.R. Simplot Company, a Nevada Corporation; FMC Corporation, a Delaware Corporation; The State of Idaho; and Tiger Transportation, Inc., a Foreign Corporation, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied April 21, 1980.

Attorney(s) appearing for the Case

Herman J. McDevitt, M. Jay Meyers and Boyd B. White, II, of McDevitt, McDevitt, Meyers & White, Pocatello, for plaintiffs-appellants.

Wesley F. Merrill, of Merrill & Merrill, Gary L. Cooper, of Racine, Huntley & Olson, Martin R. Ward, of Maguire, Kisling & Ward, Pocatello, Richard C. Fields and Donald J. Farley, of Moffott, Thomas, Barrett & Blanton and Craig Meadows, of Hawley, Troxell, Ennis & Howley, Boise, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from two summary judgments granted in favor of defendants-respondents. Plaintiffs-appellants brought this action for the wrongful death of their parents, who were killed in an automobile accident. In that action plaintiffs-appellants sought punitive damages against certain of the defendants-respondents, and prior to trial summary judgment issued against plaintiffs-appellants prohibiting any consideration of punitive damages. Summary...

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