CARNELL v. BARKER MANAGEMENT, INC.

No. 26575.

48 P.3d 651 (2002)

137 Idaho 322

Stacie CARNELL, as parent of the minor child Cambria Carnell, and on behalf of the Estate of Cambria Carnell, Morgan McCarthy, individually and Stacie Carnell, as guardian of Morgan McCarthy, Plaintiffs-Appellants-Cross-Respondents, v. BARKER MANAGEMENT, INC., d/b/a Barker Realtors and James Barker, individually; Ralph E. Smith and Betty L. Smith, husband and wife; Phillips Electric, John Does I through X, Defendants-Respondents. Jerry and Cindy Carnell, as the parents and personal representatives of the minor child Brittiny Carnell and Gerald Fred Carnell, a minor child, individually, and Jerry and Cindy Carnell as the parents and guardians of said child, Plaintiffs-Appellants-Cross-Respondents, v. James Barker, individually and Barker Management, Inc., dba Barker Realtors; Ralph E. Smith and Betty L. Smith, husband and wife; Phillips Electric and John and Jane Does I through X, Defendants Respondents, and State of Idaho, Department of Health and Welfare, Defendant-Respondent-Cross-Appellant.

Supreme Court of Idaho, Boise, March 2002 Term.

June 3, 2002.


Attorney(s) appearing for the Case

Jenkins Law Office, Chtd., Idaho Falls, for plaintiffs-appellants-cross respondents Stacie Carnell, Morgan McCarthy, and Jerry and Cindy Carnell.

Brassey, Wetherell, Crawford & McCurdy, Boise, for defendants-respondents Ralph E. Smith and Betty L. Smith.

Moore, Baskin & Parker, Boise, for defendants-respondents Barker Management, Inc., d/b/a Barker Realtors and James Barker.

Emery & Kershaw, P.C., Twin Falls, for defendant-respondent-cross appellant State of Idaho, Department of Health and Welfare.

Saetrum Law Offices, Boise, for defendant-respondent Phillips Electric.


KIDWELL, Justice.

Stacie Carnell and Morgan McCarthy and Jerry and Cindy Carnell filed separate complaints for wrongful death and personal injury against numerous defendants following the deaths of two children and the injury of another child in a house fire. They appeal the district court's grant of summary judgment as to all defendants.

I.

FACTS AND PROCEDURAL BACKGROUND

This case stems from a...

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