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BURGGRAF v. CHAFFIN

No. 18584.

823 P.2d 775 (1991)

121 Idaho 171

Linda Kay BURGGRAF, as Personal Representative of the Estate of Stephen S. Burggraf, deceased; Linda Kay Burggraf, Individually; and Linda Kay Burggraf, Guardian ad litem for Stephanie Kay Burggraf, James Robert Burggraf, and Jennifer Linn Burggraf, minor children, Plaintiff-Respondent, v. Jeannette CHAFFIN, as Personal Representative of the Estate of John Walter Chaffin, deceased, Defendant-Appellant. Laurie CAIN, as Personal Representative of the Estate of Gary Cain, deceased; Laurie Cain, Individually; Laurie Cain, as Guardian ad litem for Amy Cain, a minor child; Bruce Patterson; Cheryl Patterson; and Brian Patterson, Plaintiffs-Respondents, v. Jeannette CHAFFIN, as Personal Representative of the Estate of John Walter Chaffin, deceased; Robert V. Burggraf, aka Robert V. Burggraf, Sr., dba Robert V. Burggraf Company, R.V. Burggraf Co., Robert Burggraf Company, R.V. Burggraf Construction Co., Robert V. Burggraf Construction Co., or Burggraf Construction Co., Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls Term, September 1991.

December 26, 1991.

Attorney(s) appearing for the Case

Thomsen & Stephens, Idaho Falls, for appellants. Curt R. Thomsen argued.

Anderson, Pike & Bush, Idaho Falls and Wilcox, Dewsnup & King, Salt Lake City, Utah, for respondents. Edward B. Havas argued.

BAKES, Chief Justice.

Defendant appeals the trial court's decision granting plaintiffs' motion for new trial, alleging that the trial court abused its discretion in granting a new trial.

On May 20, 1987, while on a trip to submit a bid on behalf of the Robert V. Burggraf Company (Burggraf Corporation), John Walter Chaffin, Gary Cain and Stephen S. Burggraf were killed in an airplane crash in Cody, Wyoming. The aircraft, owned by Robert V. Burggraf, Sr., was...

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