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SMITH v. PRAEGITZER

No. 16420.

749 P.2d 1012 (1988)

113 Idaho 887

Richard K. SMITH and Janice L. Smith, Plaintiffs-Respondents, v. Joyce PRAEGITZER, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied April 22, 1988.

Attorney(s) appearing for the Case

John A. Doerr, of Doerr & Trainor, Twin Falls, for defendant-appellant.

Randolph Stone, of Parsons, Smith, Stone & Fletcher, Burley, for plaintiffs-respondents.

SUBSTITUTE OPINION

The Court's prior opinion, dated July 31, 1987, is hereby withdrawn.

PER CURIAM.

While jogging through an intersection, Richard Smith was struck and seriously injured by an automobile. Smith brought this action against the driver, Joyce Praegitzer, claiming that his injuries resulted from her negligence. The jury returned a special verdict finding each party to be fifty percent at fault. Smith then moved for judgment notwithstanding...

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