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DOWNEY CLINIC v. NAMPA RESTAURANT CORP.

No. 20903.

900 P.2d 191 (1995)

127 Idaho 283

DOWNEY CHIROPRACTIC CLINIC, Plaintiff-Respondent-Cross Appellant, v. NAMPA RESTAURANT CORPORATION, d/b/a Shilo Restaurant and Lounge, and Liberty Northwest Insurance Corporation, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, December 1994 Term.

Rehearing Denied August 31, 1995.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., Boise, for appellants. Derrick J. O'Neill argued.

White, Peterson, Perry, Pruss, Morrow & Gigray, P.A., Nampa, for respondent. Christopher S. Nye argued.

McDEVITT, Chief Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The facts of this case, as found by the magistrate, are as follows:

Norman Peterson (Peterson) was employed as a sous chef for Nampa Restaurant Corporation's Shilo Inn restaurant in Nampa, Idaho. Peterson injured his back in the course of his employment on May 20, 1990. Liberty Northwest Insurance Corporation (Liberty) is Shilo Inn's surety for worker's compensation claims...

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