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NELSON v. NORTHERN LEASING CO.

No. 13987.

657 P.2d 482 (1983)

104 Idaho 185

Mark NELSON and Dorothy Nelson, husband and wife, Plaintiffs-Appellants, v. NORTHERN LEASING COMPANY; Hugh C. Hawkes; Sherm Hawkes; Hewitt Hawkes and Delores Hawkes, dba Marsh Valley Packing, Defendants-Respondents.

Supreme Court of Idaho.

January 19, 1983.

Attorney(s) appearing for the Case

Ronald George, Pocatello, for plaintiffs-appellants.

Louis F. Racine, Jr., Pocatello, for defendants-respondents.

SHEPARD, Justice.

This is an appeal by plaintiffs-appellants Nelson from a judgment entered upon the jury verdict which assigned to the Nelsons 60% of the comparative negligence in a wrongful death action brought by the Nelsons for the death of their one year old child. The principal question presented here is whether in such a wrongful death action the negligence of the parents is an affirmative defense as was allowed by the trial court in the instant case. We answer...

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