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WINN v. FRASHER

Nos. 17373, 17392 and 17401.

777 P.2d 722 (1989)

116 Idaho 500

Kevin WINN; Robert Conner; Fred Rice; Stanley Clark; Jerald Ketterling; John D. Fisher and Tina Fisher, husband and wife; Timothy Hatcher and Teresa Hatcher, husband and wife; and Steve Hobbs, Plaintiffs-Respondents, v. Donald Ray FRASHER and Helen Frasher, husband and wife; American Farmland, Inc., Defendants-Appellants. Kevin WINN; Robert Conner; Fred Rice; Stanley Clark; Jerald Ketterling; John D. Fisher and Tina Fisher, husband and wife; Timothy Hatcher and Teresa Hatcher, husband and wife; and Steve Hobbs, Plaintiffs-Respondents, v. Donald Ray FRASHER and Helen Frasher, husband and wife; American Farmland, Inc.; David Bremers; Platte Chemical Company, Inc.; Balcom Chemical, Inc.; John Does I-IV, Defendants, and Van Leer Container, Inc., Defendant-Appellant. Kevin WINN; Robert Conner; Fred Rice; Stanley Clark; Jerald Ketterling; John D. Fisher and Tina Fisher, husband and wife; Timothy Hatcher and Teresa Hatcher, husband and wife; and Steve Hobbs, Plaintiffs-Respondents, v. Donald Ray FRASHER and Helen Frasher, husband and wife; American Farmland, Inc., David Bremers, Defendants, and Platte Chemical Company, Inc., Balcom Chemical Company, Inc., United Agri Products, Inc., Tri River Chemicals, Inc., Uniroyal Chemical Co., Vertac Chemical Co., Defendants-Appellants, and John Does I-IV, and Van Leer Containers, Inc., Defendants.

Supreme Court of Idaho.

Rehearing Denied August 28, 1989.

Attorney(s) appearing for the Case

Nelson, Rosholt, Robertson, Tolman & Tucker, Twin Falls, for defendants-appellants, Frashers and American Farmland, Inc. George R. Bevan argued, Twin Falls.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for defendant-appellant, Van Leer Container, Inc. William D. Faler argued, Idaho Falls.

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for all chemical companies and United Agri Products. Robert J. Alexander argued, Twin Falls.

E. Lee Schlender, Chartered, Hailey, for plaintiffs-respondents, Winn, Conner, Rice, Clark, Hobbs and Ketterling. E. Lee Schlender argued, Hailey.

Penelope Parker-Kimber, Twin Falls, for plaintiffs-respondents, Fishers and Hatchers.

JOHNSON, Justice.

This is a personal injury action. The trial court denied a motion for summary judgment of the defendants on the ground that the so-called "fireman's rule" does not exist in this state. We disagree and reverse and remand.

I.

THE UNUSUAL POSTURE OF THIS CASE AND OUR NARROW APPROACH IN THIS OPINION.

This appeal is before us in an unusual posture. The decision of the trial court that...

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