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DABESTANI v. BELLUS

No. 23509.

961 P.2d 633 (1998)

131 Idaho 542

Saiid DABESTANI as guardian for Soheil Dabestani, an incapacitated person, Plaintiff-Appellant, v. Murt Parmor BELLUS and Avonmore West, Inc., Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, March 1998 Term.

Rehearing Denied June 24, 1998.

Attorney(s) appearing for the Case

Jeff R. Stoker, Twin Falls, for appellant.

Evans, Keane LLP, Boise, for respondents. Rex Blackburn argued.

Substitute Opinion the Court's Prior Opinion Dated May 4, 1998 is hereby withdrawn.

JOHNSON, Justice.

This is an automobile accident case. We grant a new trial.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Soheil Dabestani (Dabestani) was traveling southbound on U.S. Highway 93 (the highway), approximately seven miles south of Twin Falls, Idaho, just after midnight when he came upon a milk tanker truck and trailer (the truck), driven...

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