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TUCKER v. PALMER

Nos. 15507, 15677.

735 P.2d 959 (1987)

112 Idaho 648

Lenora (Smith) TUCKER, heir and personal representative of Michael Wayne Smith, deceased; George McGinty and Debbie McGinty, individually and as a marital community, Plaintiffs, v. Michael John PALMER and Dianne M. Palmer, husband and wife, and Tracy Rodenbough, a single person, Defendants. Tracy RODENBOUGH, Cross-Plaintiff, v. Michael John PALMER and Dianne M. Palmer, husband and wife, Cross-Defendants. (Two Cases) Tracy RODENBOUGH, Third Party Plaintiff-Appellant, v. Terry HARRISON, Personal Representative of the Estate of Frederick Schmidt, deceased, Third Party Defendant-Respondent. Lenora (Smith) TUCKER, heir and personal representative of Michael Wayne Smith, deceased; George McGinty and Debbie McGinty, individually and as a marital community, Plaintiffs-Respondents, v. Michael John PALMER and Dianne M. Palmer, husband and wife, Defendants, and Tracy Rodenbough, a single person, Defendant-Appellant. Tracy RODENBOUGH, Third Party Plaintiff, v. Terry HARRISON, personal representative of the estate of Frederick Schmidt, deceased, Third Party Defendant.

Supreme Court of Idaho.

Rehearing Denied April 24, 1987.

Attorney(s) appearing for the Case

Charles W. Hosack, Coeur d'Alene, for appellant Rodenbough.

Nicholas M. Lamanna, Priest River, for respondent Estate of Schmidt.

Fred R. Palmer, Sandpoint, for respondents Tucker, et al.

SHEPARD, Chief Justice.

This case arises from an automobile accident in which the vehicle, driven by defendant Schmidt, struck the vehicle driven by defendant Rodenbough. Rodenbough was injured, and the three passengers in the Rodenbough automobile were injured or killed. Following the initial impact the Palmer car was also involved in the accident. Rodenbough and her passengers accepted settlement from Schmidt. The three passengers in the Rodenbough vehicle later...

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