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MERCADO v. BAKER

No. 17476.

792 P.2d 342 (1990)

117 Idaho 777

Maria De Los Angeles MERCADO, as natural mother and guardian of Assenette Medrano Mercado, a minor child, Plaintiff-Appellant, Cross-Respondent, v. Wade BAKER, individually, and doing business as Wade's Way Farms; Defendants, and Lockwood Corporation, a Nebraska Corporation; Does I through X, Defendant-Respondent, Cross-Appellant.

Supreme Court of Idaho.

May 23, 1990.

Attorney(s) appearing for the Case

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

Nelson Rosholt, Robertson, Tolman & Tucker, Twin Falls, for defendant-respondent, cross-appellant. Carolyn M. Minder, Boise, argued.

BOYLE, Justice.

This is a products liability and personal injury case involving a claimant whose cause of action was foreclosed on summary judgment by limitations set out in the Idaho product liability statute of repose, I.C. § [6-1403] 6-1303(2).1 The statute of repose creates a rebuttable presumption for the defendant that a product's useful safe life has expired in those claims that involve...

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