FAGUNDES v. STATE

No. 17545.

774 P.2d 343 (1989)

116 Idaho 173

Gloria J. FAGUNDES, Individually and As Guardian Ad Litem for Jason L. Fagundes and Anthony F. Fagundes, Plaintiffs-Appellants, v. STATE of Idaho, Defendant-Respondent.

Court of Appeals of Idaho.

May 19, 1989.


Attorney(s) appearing for the Case

Bradley H. Hall and Donald Lojek (Lojek & Hall, Ctd.), Boise, for plaintiffs-appellants.

Jim Jones, Atty. Gen., argued by Robert T. Wetherell and Quane, Smith, Howard & Hull, Boise, for defendant-respondent.


HART, Judge Pro Tem.

This is a wrongful death case. Frank Fagundes died shortly after a helicopter he had been piloting crashed. Fagundes was an employee of Pinebelt Helicopters, Inc. The State of Idaho had hired Pinebelt to fly state employees over wilderness areas so that the state employees could count game animals. There are two issues presented in this case. The first is whether the state owed a duty of care to Fagundes, an employee of independent contractor...

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