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ORTHMAN v. IDAHO POWER CO.

No. 22958.

944 P.2d 1360 (1997)

130 Idaho 597

Russell ORTHMAN and Nancy Orthman, husband and wife, and Nancy Orthman, natural mother and guardian on behalf of all minor children of the parties, Plaintiffs-Appellants, v. IDAHO POWER COMPANY, an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, April 1997 Term.

Rehearing Denied October 14, 1997.

Attorney(s) appearing for the Case

E. Lee Schlender, Hailey, for plaintiffs-appellants.

Evans, Keane, Boise, for defendant-respondent. Rex Blackburn argued.

JOHNSON, Justice.

This is a personal injury case in which the trial court granted summary judgment dismissing the claims. We conclude that because the party seeking summary judgment did not present evidence establishing the absence of a genuine issue of material fact concerning foreseeability, the trial court should not have granted summary judgment.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

This is the second appeal in this case. In the...

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