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BINGHAM v. FRANKLIN COUNTY

No. 17867.

796 P.2d 527 (1990)

118 Idaho 318

Eldon B. BINGHAM and Betty Ann Bingham, individually and as the heirs of Joseph Lynn Bingham and unborn infants John Doe and Jane Doe; and Donna Ann Bingham, Plaintiffs-Appellants-Cross Respondents, v. FRANKLIN COUNTY, a political subdivision, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho.

August 17, 1990.

Attorney(s) appearing for the Case

Steven R. Fuller, Preston, for plaintiffs-appellants-cross-respondents.

Penland & Munther, Boise, for defendant-respondent-cross appellant. Richard C. Boardman argued.

BISTLINE, Justice.

This appeal reviews the district court's rulings on two summary judgment motions. The facts of the case may be quickly stated. On June 22, 1983, Donna Bingham was driving a truck loaded with hay on Hot Springs Road in Franklin County. On hitting a number of potholes the passenger door of the truck flew open. Joseph Bingham, Donna's younger brother, who was riding in the passenger seat of the truck, fell...

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