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GILLIHAN v. GUMP

No. 28508.

99 P.3d 1083 (2003)

140 Idaho 693

Deborah Jean "DJ" GILLIHAN, as the natural parent and guardian of Celia Gillihan, a minor, Plaintiff-Appellant, v. Heidi L. GUMP, individually; Solveig H. Lenhartzen, individually; and Does I-V, unknown parties, Defendants-Respondents.

Court of Appeals of Idaho.

August 12, 2003.

Attorney(s) appearing for the Case

Litster Law Offices, Boise, for appellant. Richard K. Dredge argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondents. Raymond D. Powers argued.

LANSING, Chief Judge.

This is an appeal from an award of attorney fees in a personal injury action. The defendants, as prevailing parties, were awarded attorney fees pursuant to Idaho Code § 12-120(1). The plaintiff appeals, arguing that defendants may not recover attorney fees in personal injury actions under § 12-120. We find the plaintiff's interpretation of the statute to be correct, and we therefore reverse.

I.

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