STEVENS v. FLEMING

No. 16988.

777 P.2d 1196 (1989)

116 Idaho 523

Faye STEVENS, Ruth Bradetich, and Veda Bradetich, individually and jointly, as natural daughters and heirs of Walter L. Roberts; and Faye Stevens, individually, as administrator of the Estate of Walter L. Roberts, Plaintiffs-Appellants, v. Tom FLEMING and Gloria Fleming, husband and wife, individually, jointly and dba Sport Shop, a sole proprietorship; and Mark Grimes and Jane Doe Grimes, husband and wife, individually and jointly, Defendants-Respondents.

Supreme Court of Idaho.

July 12, 1989.


Attorney(s) appearing for the Case

Fred R. Palmer, Sandpoint, for plaintiffs-appellants.

Nelson, Rosholt, Robertson, Tolman & Tyler, Twin Falls, for defendants-respondents Fleming. Terry McDaniel, argued.

Benoit, Alexander, Sinclair, Doerr, Harwood & High, Twin Falls, for defendants-respondents Grimes. Edward L. Benoit, argued.


HUNTLEY, Justice.

I.

On August 22, 1984, Walter Roberts, age 78, perished in a fire which destroyed a two story building in downtown Buhl, Idaho owned by Tom and Gloria Fleming. The Flemings operated a bar, kitchen, restaurant, dance floor and card room downstairs and Roberts resided in an apartment upstairs. Following the fire, Roberts was found dead in a doorway leading from the apartment into the hallway. The autopsy and death certificates note that he...

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