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FISH v. SMITH

No. 23577.

960 P.2d 175 (1998)

131 Idaho 492

Jennifer FISH, a minor, and her parents, Eugene Fish and Marilyn Fish, Plaintiffs-Appellants, v. Albert Ronald SMITH and K.J. Weller, Inc., Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, April 1998 Term.

June 15, 1998.

Attorney(s) appearing for the Case

Howard & Owens, Coeur d'Alene, for appellants. Leander L. James IV argued.

Clements, Brown & McNichols, Lewiston, for respondents, waived appearance for argument.

JOHNSON, Justice.

This is a discretionary costs case. We conclude that the trial court did not abuse its discretion in denying discretionary costs.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Jennifer Fish (Jennifer), a minor, was a passenger on a school bus that was rear-ended by a vehicle assigned to the Department of Health and Welfare, which in turn had been rear-ended by a truck owned by K.J. Weller, Inc. (Weller) and driven by Albert...

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