BACA v. STATE

No. 18256.

810 P.2d 720 (1991)

119 Idaho 782

Mike BACA and Josephine Baca, Father and Mother of Allen M. Baca, personally and as heirs and personal representatives of the estate of Allen M. Baca, deceased; Mary Y. Pecos, Mother of Anthony M. Pecos, personally and as heir and personal representative of the estate of Anthony M. Pecos, deceased, and also as grandmother and general guardian of Brennan Toya, minor child of Anthony M. Pecos; Ethel B. Waquie, widow of Andrew V. Waquie, personally and as heir and personal representative of the estate of Andrew V. Waquie, deceased, and as mother and general guardian of Vicenti Waquie, minor child of Andrew V. Waquie; Veronica Waquie, Mother of Benjamin P. Waquie, personally and as heir and personal representative of the estate of Benjamin P. Waquie, deceased; Hilario Armijo; Timothy W. Armijo; Vincent Chavez; David Chinana; Victor Chinana; Ivan Gachupin; Michael Gachupin; Dennis Magdalena; Frank Magdalena, Jr.; Roberta P. Toledo; Nathaniel Tosa; and Allen Toya, Jr., Plaintiffs-Appellants, v. STATE of Idaho, The Idaho Army Reserve National Guard, Steven B. McCord and Thomas F. Herron, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1990 Term.

Rehearing Denied May 28, 1991.


Attorney(s) appearing for the Case

Siebe, Landeck, Westberg & Judge, Moscow, for appellants. Ronald J. Landeck argued, Moscow.

Quane, Smith, Howard & Hull, Boise, for respondents. Thomas Lopez argued, Boise.


McDEVITT, Justice.

In the summer of 1986, the forests of Idaho were tender, dried by the elements, awaiting only some igniter to explode. Lightning storms provided that spark and forest fires erupted in numerous locations across the state of Idaho.

One of the worst of those fires was situated on Anderson Creek, located in the Boise National Forest, twenty miles north-east of Garden Valley, Idaho, which consumed in...

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