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SMITH v. DAVID S. SHURTLEFF & ASSOC.

No. 19339.

858 P.2d 778 (1993)

124 Idaho 239

Jackie L. SMITH, Plaintiff-Appellant, v. DAVID S. SHURTLEFF AND ASSOCIATES, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied May 28, 1993.

Petition for Review Denied September 29, 1993.

Attorney(s) appearing for the Case

Lojek & Gabbert, Chartered, Boise, for appellant on appeal only. Donald W. Lojek argued.

Beer & Cain, Boise, for respondent. Stephen L. Beer argued.

SUBSTITUTE OPINION

The Court's prior opinion, dated April 1, 1993, is hereby withdrawn.

SWANSTROM, Judge.

In a trial, Jackie Smith was denied recovery in his malpractice action against David S. Shurtleff and Associates, architects. Smith appeals, arguing that the record does not support the district court's conclusion that Smith's negligence was at least as great as the negligence of Shurtleff, barring...

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