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SLADE v. SMITH'S MANAGEMENT CORP.

No. 16920.

808 P.2d 401 (1991)

119 Idaho 482

William SLADE and Diane Slade, husband and wife, as the parents and sole surviving heirs of Scott Slade, deceased, and William Slade, as the Personal Representative of the Estate of Scott Slade, deceased, Plaintiffs-Appellants, v. SMITH'S MANAGEMENT CORPORATION, a Utah corporation, Smith's Employees Association, an unincorporated group and Does 1-100, Donald Westfall and Jane Doe Westfall, husband and wife, as individuals and as presumptive co-owners of the vehicle driven by Donald Westfall; and Does 1-100, Defendants-Respondents. and Smith's Food King Properties, Inc., a Utah corporation, Defendants.

Supreme Court of Idaho, Boise, December 1989 Term.

March 25, 1991.

Attorney(s) appearing for the Case

Hyde, Wetherell, Bray & Haff, Boise, for plaintiffs-appellants. Michael E. Wetherell, argued.

Brady, Saetrum & Lerma, Chtd., Boise, for defendants-respondents. Kent V. Reynolds, argued.

BISTLINE, Justice.

Scott Slade, a single youth aged nineteen years, was fatally injured on being struck by a motor vehicle being operated by an intoxicated driver, defendant Donald Westfall. The accident occurred when Slade was walking during daylight hours on the graveled shoulder of Overland Road. Today this Court must decide whether the parents of Scott Slade will be allowed their day in court where they can put their case before a jury. In addition to damages...

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