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SCHIESS v. BATES

No. 15239.

693 P.2d 440 (1984)

107 Idaho 794

Elizabeth SCHIESS, individually, and as Guardian ad litem for Clint Ervin Schiess, Terri Lee Schiess, Kimberly Ann Schiess, Kelly Jo Schiess, and Laddie Schiess, Jr., Plaintiffs-Respondents, v. Peter BATES, Defendant-Appellant.

Supreme Court of Idaho.

December 10, 1984.

Attorney(s) appearing for the Case

Stephen S. Dunn, of the firm Merrill & Merrill, Chartered, Pocatello, attorney for defendant-appellant.

Bryan K. Murray, of the firm McDougall & Gardner, Pocatello, attorney for plaintiffs-respondents.

HUNTLEY, Justice.

HISTORY

On Memorial Day, 1980, Mr. Peter Bates and his son, Mr. Laddie Schiess and two of his children, and three other individuals went fishing on Palisades Reservoir in eastern Idaho. The weather on that date was occasionally rainy and windy. The group used a boat owned and operated by Mr. Schiess.

When the group was traveling back to the dock from where they had been fishing, a sudden storm arose which capsized the boat. All...

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