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ESTERBROOK v. STATE

No. 19110.

863 P.2d 349 (1993)

124 Idaho 680

Duane ESTERBROOK, individually and as Guardian and Conservator for Marian Esterbrook; Kevin Douglas Esterbrook; Jerilyn Lucille Esterbrook; Darrell Jason Esterbrook; Jennifer Eve Esterbrook and Nicole Almira Esterbrook, by and through their Guardian Ad Litem, Duane Esterbrook, Plaintiffs-Respondents, v. STATE of Idaho and the Idaho Transportation Department, Division of Highways, Defendants-Appellants.

Supreme Court of Idaho, Boise, December 1992 Term.

Rehearing Denied November 5, 1993.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for defendants-appellants. John P. Howard, argued.

Hepworth, Nungester & Lezamiz, Twin Falls, for plaintiffs-respondents. John Hepworth, argued.

TROUT, Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

This is a personal injury action brought by Marian Esterbrook through her husband, Duane Esterbrook (the Esterbrooks), against the Idaho Department of Transportation (the Department). The action arose out of an accident which occurred on October 8, 1985, at about 6:30 p.m. on Highway 46, four miles north of Gooding, Idaho. On this date, Marian Esterbrook...

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