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HUNTER v. STATE, DEPT. OF CORRECTIONS

Nos. 26556, 26578.

57 P.3d 755 (2002)

138 Idaho 44

Earl Louis HUNTER and Beverly Rae Hunter, husband and wife, natural parents of Wendy Hunter, deceased, Plaintiffs-Respondents-Cross-Appellants, v. STATE of Idaho, DEPARTMENT OF CORRECTIONS, DIVISION OF PROBATION & PAROLE and Division of Field & Community Services, Defendants-Appellants-Cross-Respondents, and James C. Lynch, dba Mr. Gas and Mr. Wash; and John and Jane Does I through V, Defendants.

Supreme Court of Idaho, Twin Falls, November 2001.

Rehearing Denied November 14, 2002.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General, Boise; Benoit, Alexander, Sinclair, Harwood & High, LLP, Twin Falls; and Michael G. Brady, Boise, for appellants. Thomas B. High and Michael G. Brady argued.

Kenneth L. Pedersen, Twin Falls, and Seiniger Law Offices, Boise, for respondents. Kenneth L. Pedersen and WM. Breck Seiniger, Jr. argued.

SCHROEDER, Justice.

This is a wrongful death action filed by Louis and Beverly Rae Hunter (the Hunters) against the State of Idaho, Department of Corrections (the State) and James Lynch, doing business as Mr. Gas and Mr. Wash (Mr. Wash). The Hunters allege that the State and Lynch negligently failed to supervise Corey Hood, who was on probation for rape. Corey Hood murdered the Hunters' daughter, Wendy Hunter (Hunter).

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