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RIGGS v. COLIS

No. 14666.

695 P.2d 413 (1985)

107 Idaho 1028

David Lee RIGGS, Plaintiff-Appellant, v. John V. COLIS and Jane Doe Colis, husband and wife, Defendants-Respondents.

Court of Appeals of Idaho.

January 11, 1985.

Attorney(s) appearing for the Case

Kenneth B. Howard, Jr., Coeur d'Alene, for plaintiff-appellant.

Jonathan Paul Carter of Quane, Smith, Howard & Hull, Boise, for defendants-respondents.

WALTERS, Chief Judge.

David Riggs appeals from a summary judgment in favor of John Colis. He contends the court erred in finding that there was no factual basis to sustain a civil cause of action against Colis for "aiding and abetting an assault and battery" upon Riggs by preventing another person from rendering assistance to Riggs during the assault. We agree. We vacate the summary judgment and remand for further proceedings.

David Riggs was assaulted with...

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