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KUNTZ v. LAMAR CORP.

Nos. 03-35032, 03-35065.

385 F.3d 1177 (2004)

James J. KUNTZ, individually and as husband; Jennifer Kuntz, individually and as wife; Courtney Lian Kuntz, minor child; Leighton Wayne Kuntz, a minor child; Madeleine Ruth Kuntz, a minor child; Margeau Ellen Kuntz, a minor child; Evan James Kuntz, a minor child, Plaintiffs-Appellees, v. LAMAR CORPORATION; Lamar Company LLC, a limited liability company d/b/a Lamar Corporation, Defendants, and Kootenai Electric Cooperative Inc, a corporation d/b/a a cooperative marketing association, Defendant-Appellant. James J. Kuntz, individually and as husband; Jennifer Kuntz, individually and as wife; Courtney Lian Kuntz, minor child; Leighton Wayne Kuntz, a minor child; Madeleine Ruth Kuntz, a minor child; Margeau Ellen Kuntz, a minor child; Evan James Kuntz, a minor child, Plaintiffs-Appellants, v. Lamar Corporation; Kootenai Electric Cooperative Inc, a corporation d/b/a a cooperative marketing association; Lamar Company LLC, a limited liability company d/b/a Lamar Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2004.

Attorney(s) appearing for the Case

William R. Hickman, Reed McClure, Seattle, WA, for appellant/cross-appellee.

Howard M. Goodfriend, Edwards, Sieh, Smith & Goodfriend, Seattle, WA, for appellees/cross-appellants.

Mark A. Barber, Hicks, Casey & Barber, P.C., Marietta, GA, for amicus curiae.

Before: CANBY, WARDLAW, and GOULD, Circuit Judges.

CANBY, Circuit Judge:

This is an appeal from a judgment entered upon a jury verdict in a personal injury action. Plaintiff James J. Kuntz was severely injured when a metal rod he was removing from a billboard came in contact with an electric transmission line operated by defendant Kootenai Electric Cooperative, Inc. A year before the accident, the Cooperative had moved the transmission line to within eight feet of the billboard. Kuntz sued in district court, asserting...

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