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MUNNS v. SWIFT TRANSP. CO., INC.

No. 26623.

58 P.3d 92 (2002)

138 Idaho 108

Glen and Elaine J. MUNNS, husband and wife, and Farm Bureau Mutual Insurance Company of Idaho, Plaintiffs-Respondents-Cross Appellants, v. SWIFT TRANSPORTATION CO., INC., Defendant-Appellant-Cross Respondent, and Michele L. Fowle; Wade and Jane Doe Zollinger, husband and wife; Tadd and Tamara Jenkins, husband and wife, d/b/a Bish's and John Does 1-5, Defendants.

Supreme Court of Idaho, September 2002 Term of Court.

November 6, 2002.

Attorney(s) appearing for the Case

Thompson & Stephens, P.A., Idaho Falls, for appellant. James D. Holman argued.

Dunn & Clark, Rigby, for respondents. Robin D. Dunn argued.

WALTERS, Justice.

This is a personal injury action arising from the collision of Glen Munns' car with a dead horse on the road. The horse had been hit and killed by a truck belonging to Swift Transportation Co., Inc. Following trial, Swift Transportation and its driver who had killed the horse were found 80% at fault for Munns' accident. Swift moved the district court for a new trial. The district court denied Swift's motion for a new trial as to both liability and...

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