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HANSEN v. ESTATE OF HARVEY

No. 17677.

806 P.2d 450 (1990)

119 Idaho 357

Gerald D. HANSEN, Plaintiff-Appellant, v. ESTATE OF James Scott HARVEY, John Doe One, Personal Representative of James Scott Harvey, and Don Harvey, Jr., Defendants-Respondents, Robert C. LEHMAN, Plaintiff-Appellant, v. ESTATE OF James Scott HARVEY, John Doe One, Personal Representative of James Scott Harvey, and Don Harvey, Jr., Defendants-Respondents.

Court of Appeals of Idaho.

Review Granted April 6, 1990.

Attorney(s) appearing for the Case

Michael J. Verbillis, of Coeur d'Alene, for plaintiff-appellant, Hansen.

Michael J. Vrable, Hayden Lake, for plaintiff-appellant, Lehman.

Clements, Brown & McNichols, Lewiston, for defendants-respondents. Appearance by Michael E. McNichols and argument by Bentley G. Stromberg.

BURNETT, Judge.

This case focuses on a juncture between tort law and worker's compensation law. Gerald Hansen and Robert Lehman have appealed from a summary judgment dismissing their tort action against an employer, Don Harvey, and against the estate of a co-employee, James Harvey. The issue before us is whether the district court correctly determined that Hansen and Lehman were barred from any tort recovery by the exclusive remedy provision of the Idaho worker's...

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