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WELLARD v. STATE, DEPT. OF TRANSP.

No. 17616.

801 P.2d 561 (1990)

118 Idaho 852

The ESTATE OF Alvin C. WELLARD, and the heirs of Alvin C. Wellard, Plaintiffs-Appellants, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied October 30, 1990.

Attorney(s) appearing for the Case

Randall D. Schulthies, Pocatello, for plaintiffs-appellants.

Douglas J. Balfour, argued, Quane Smith, Howard and Hull, Pocatello, for defendant-respondent.

1990 OPINION NO. 132, FILED SEPTEMBER 12, 1990, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

McDEVITT, Justice.

This action involves a claim for damages against the State of Idaho, Department of Transportation ("State") for the injuries suffered by Alvin C. Wellard which ultimately led to his death. During the evening hours of June 29, 1985, Wellard stopped at a highway rest area on Interstate 15 between Idaho Falls and Blackfoot. Walking...

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