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WOODBURN v. MANCO

No. 26852.

50 P.3d 997 (2002)

137 Idaho 502

Carl and Janet WOODBURN, and Carl Woodburn as Guardian Ad Litem of Cole Woodburn, a minor, and surviving brother of Tana Coleen Woodburn, Plaintiffs-Appellants, v. MANCO Products, Inc., an Indiana corporation, Defendant-Respondent, and Andrew G. and Athena L. Dunn, husband and wife, dba Three Point Tractor Co., and John Does 1-5, Defendants.

Supreme Court of Idaho, Boise, March 2002 Term.

July 2, 2002.

Attorney(s) appearing for the Case

White Peterson, Nampa, for appellants. William F. Gigray, III argued.

Quane, Smith, L.L.P., Boise and Ford, Marrin, Esposito, Witmeyer & Gleser, L.L.P., New York, New York for respondent. Stuart C. Levene argued.

WALTERS, Justice.

This case involves whether Idaho law requires the negligence of a decedent to be automatically attributed to the plaintiff/heirs in a wrongful death action, and whether the trial court committed reversible error in failing to give an instruction to the jury based on Seppi v. Betty, 99 Idaho 186, 579 P.2d 683 (1978), which would have advised the jury of the effect of allocating...

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