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KEARNEY v. DENKER

No. 17062.

760 P.2d 1171 (1988)

114 Idaho 755

Terri Lynn KEARNEY, Plaintiff-Appellant, v. Tom DENKER and Kevin O'Brien dba Evergreen Landscaping; Defendants-Respondents, and Highland Equipment Company; and Corporate Does I Thru IV, Defendants.

Supreme Court of Idaho.

August 10, 1988.

Attorney(s) appearing for the Case

E. Lee Schlender, Hailey, for plaintiff-appellant.

Quane, Smith, Howard & Hull, Boise, Brian K. Julian, argued for defendants-respondents.

JOHNSON, Justice.

This is a personal injury case involving an employee who was injured while in the course of her employment. The primary issue presented is whether the employee may maintain a civil action against the employer for injuries that were allegedly caused by an intentional tort of the employer during the course of employment. We hold that by filing a claim for worker's compensation the employee did not waive the...

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