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EK v. HERRINGTON

Civ. No. 88-3074.

738 F.Supp. 357 (1990)

Dennis G. EK, individually, and as Personal Representative of the Estate of Marjorie A. Ek, deceased, and Cheryl A. Ek, and Dennis C. Ek, Plaintiffs, v. Stanley Dean HERRINGTON, David Hill, and Dick Woodbury, Defendants.

United States District Court, D. Idaho.

May 18, 1990.

Attorney(s) appearing for the Case

Thomas A. Mitchell, John T. Mitchell, Coeur d'Alene, Idaho, Glen Schwartz, Schwartz, Friedin & Associates, Chicago, Ill., for plaintiffs.

Linda G. Tompkins, Lukins & Annis, P.S., Coeur d'Alene, Idaho, Eugene I. Annis, Lukins & Annis, P.S., Spokane, Wash., for defendant Stanley Dean Herrington.

Randall R. Adams, Quane, Smith, Howard & Hull, Coeur d'Alene, Idaho, for defendants David Hill and Dick Woodbury.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

RYAN, Chief Judge.

I. FACTS & PROCEDURE

The above-entitled action arises out of a motor vehicle accident between an automobile driven by the plaintiffs' decedent and a tractor-trailer driven by the defendant Stanley Dean Herrington. The accident occurred on May 25, 1988, on State Highway 5, near Plummer, Idaho (Benewah County), when Defendant Herrington's tractor-trailer failed to negotiate a turn...

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