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HARRIS v. STATE, DEPT. OF HEALTH

No. 19514.

847 P.2d 1156 (1992)

123 Idaho 295

Ester HARRIS, Plaintlff-Appellant, v. STATE of Idaho, DEPARTMENT OF HEALTH & WELFARE, and John Does I through IV, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, September 1992 Term.

Rehearing Denied March 25, 1993.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for plaintiff-appellant. Marie T. Tyler, argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendants-respondents. William D. Olson, argued.

McDEVITT, Justice.

STATEMENT OF THE CASE

Appellant Ester Harris brought suit against the State of Idaho, Department of Health and Welfare ("Department"), praying for the imposition of vicarious liability for injuries sustained from the tortious acts of an allegedly negligently managed juvenile placed in the care and custody of the Department. The juvenile was convicted of two counts of the infamous crime against nature, one count of rape, one count of grand...

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