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UDY v. CUSTER COUNTY

Nos. 26345, 26346.

34 P.3d 1069 (2001)

136 Idaho 386

David Leslie UDY, Plaintiff, v. CUSTER COUNTY, Defendant. Roy Chivers and Susan Chivers, husband and wife, and Fred McDonald and Roxanna McDonald, husband and wife, Plaintiffs-Appellants, v. Custer County, Idaho, and Mickey Roskelley, in his official capacity as Sheriff of Custer County, Idaho, Defendants-Respondents. David Leslie Udy, Plaintiff-Appellant, v. Custer County, Defendant-Respondent. Roy Chivers and Susan Chivers, husband and wife, and Fred McDonald and Roxanna McDonald, husband and wife, Plaintiffs, v. Custer County, Idaho, and Mickey Roskelley, in his official capacity as Sheriff of Custer County, Idaho, Defendants.

Supreme Court of Idaho, Pocatello, May 2001 Term.

October 24, 2001.

Attorney(s) appearing for the Case

Douglas W. Crandall, Boise, argued for appellants Chivers and McDonald.

Cooper & Larsen, Pocatello, for appellant Udy. Reed W. Larsen argued.

Naylor & Hales, P.C., Boise, for respondents. Kirtlan G. Naylor argued.

WALTERS, Justice.

This is an appeal from the district court's decision granting summary judgment in a negligence action in favor of Respondents Custer County and Sheriff Mickey Roskelley. The district court held that Sheriff Roskelley did not have a legal duty to remove or warn of rocks on a State highway. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 1, 1998, David Udy was driving his truck on Highway 75 approximately two miles north of...

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