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DeMEYER v. MAXWELL

No. 13490.

647 P.2d 783 (1982)

103 Idaho 327

Emil J. DeMEYER, Plaintiff-Respondent and Cross-Appellant, v. Anna Bernese MAXWELL and Viki A. Nakroshis, Defendants, Anna Bernese Maxwell, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Idaho.

June 29, 1982.

Attorney(s) appearing for the Case

William A. McCurdy, Quane, Smith, Howard & Hull, Boise, for plaintiff-respondent and cross-appellant; Nicholas J. Dibert, Boise, of the firm, on briefs.

Daniel T. Eismann, Homedale, for defendant-appellant and cross-respondent.

THIS OPINION SUPERSEDES THE COURT'S PRIOR OPINION ISSUED APRIL 6, 1982, WHICH IS WITHDRAWN.

SWANSTROM, Judge.

Emil J. DeMeyer's wife was a passenger in a car driven by her sister, Anna Bernese Maxwell, the defendant. The two were returning to their homes in Idaho from Seattle, Washington, when their car left the roadway in Oregon, struck two fog markers, crossed the roadway and flipped onto its top, coming to rest in the median separating the eastbound and...

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