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SAFECO INS. CO. OF AMERICA v. YON

No. 18130.

796 P.2d 1040 (1990)

118 Idaho 367

SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff-Respondent, v. David YON; Joe Bussell, Sr.; Lorna Vasquez; and Joe Bussell, Sr. as guardian ad litem for Joe Bussell, III, Rebecca Jo Bussell and Pennie Marie Miller, Minors, Defendants-Appellants.

Court of Appeals of Idaho.

August 30, 1990.

Attorney(s) appearing for the Case

Michael J. Vrable, Hayden, for defendant-appellant Yon.

Thomas A. Mitchell, Coeur d'Alene, for remaining defendants-appellants.

Huppin, Ewing, Anderson, P.S., Coeur d'Alene, for plaintiff-respondent. Irving "Buddy" Paul argued.

WALTERS, Chief Judge.

This appeal involves the question of whether collateral estoppel forecloses consideration in a civil action of an issue previously resolved in a criminal case. We are asked to decide whether the district court properly determined that the appellants were precluded from asserting, in an action to recover damages for wrongful death, that David Yon did not intend to kill Joe Bussell, Jr., after Yon had been convicted of second degree murder for...

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