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PAYNE v. FOLEY

No. 13460.

639 P.2d 1126 (1982)

102 Idaho 760

Martha Alice PAYNE and Lawrence W. Payne, husband and wife, Plaintiffs-Respondents, v. Timothy FOLEY, Stewart K. Brown and Deirdre Sampson, Defendants-Appellants.

Supreme Court of Idaho.

January 21, 1982.

Attorney(s) appearing for the Case

Kevin F. Trainor and John A. Doerr, Doerr & Trainor, Twin Falls, for defendants-appellants.

John T. Lezamiz, Hepworth, Nungester & Felton, Twin Falls, for plaintiffs-respondents.

SHEPARD, Justice.

The sole issue in this appeal is an award to plaintiffs-respondents, Paynes, of $15,889 for attorney's fees on the grounds that defendant-appellant, Sampson, unreasonably defended a personal injury action which resulted in a judgment for the Paynes of $18,821. We reverse.

Martha Payne was a passenger in a Travelall vehicle and sustained injuries when that vehicle was involved in a three-car accident...

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