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CURTIS v. CANYON HIGHWAY DIST. NO. 4

No. 18986.

831 P.2d 541 (1992)

122 Idaho 73

Marlene CURTIS, Individually, and as Personal Representative of the Estate of Jon Curtis, and as Natural Parent and Legal Guardian of their Minor Children, Kellie Michelle Curtis and Zane Anthony Curtis, Plaintiffs-Appellants-Cross Respondents, v. CANYON HIGHWAY DISTRICT NO. 4, an Independent Political Subdivision of the State of Idaho, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, February 1992 Term.

April 22, 1992.

Attorney(s) appearing for the Case

Comstock & Bush, Boise, for plaintiffs-appellants-cross respondents. John A. Bush argued.

Saetrum & Day, Boise, for defendant-respondent-cross appellant. David E. Day argued.

McDEVITT, Justice.

Background

This case arises from the death of appellant-cross-respondent's (Marlene Curtis) husband, Mr. Jon Curtis, on February 16, 1988. Mr. Curtis was killed when the vehicle he was driving collided with a Union Pacific train at a crossing maintained by respondent-cross appellant, Canyon Highway District No. 4. Appellant commenced wrongful death actions against Union Pacific Railroad and respondent.

Prior Proceedings...

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