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GERSTNER v. WASHINGTON WATER POWER CO.

No. 19295.

837 P.2d 799 (1992)

122 Idaho 673

Thomas GERSTNER and Ninfa Gerstner, husband and wife, Plaintiffs-Appellants, v. WASHINGTON WATER POWER COMPANY, a public utility corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 1992 Term.

August 7, 1992.

Attorney(s) appearing for the Case

David A. Manko, Coeur d'Alene, and Dennis W. Clayton (argued), Spokane, Wash., for plaintiffs-appellants.

Milton G. Rowland and Donald G. Stone, Spokane, Wash., for defendant-respondent.

Kenneth B. Howard, Jr., for amicus, Idaho Trial Lawyers Ass'n.

BACKGROUND PROCEEDINGS

BISTLINE, Justice.

On December 11, 1983, plaintiff-appellant Thomas Gerstner received a high voltage electrical shock from a transformer utilized by his employer, Hern Ironworks. The Gerstners filed a complaint on November 7, 1984, alleging that Washington Water Power Company ("WWP") was negligent in the construction, maintenance and/or control of its product, electricity, used by Hern Ironworks. The district court dismissed the case...

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