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KARLSON v. HARRIS

No. 27587.

97 P.3d 428 (2004)

140 Idaho 561

Evan D. KARLSON and Debra Day Karlson, husband and wife, and Adam Day, a minor, Plaintiffs-Appellants, v. Jeffrey F. HARRIS; Charles and Peggy Mowers, husband and wife; and State of Idaho, Department of Transportation, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2004 Term.

Rehearing Denied September 3, 2004.

Attorney(s) appearing for the Case

Lowell N. Hawkes, Chtd., Pocatello, for appellants. Lowell N. Hawkes argued.

Merrill & Merrill, Pocatello, for respondent Harris. David C. Nye argued.

Thomsen & Stephens Law Offices, Idaho Falls, for respondent Mowers. J. Michael Wheiler argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent State of Idaho. Mitchell W. Brown argued.

SCHROEDER, Justice.

This is a personal injury case based on negligence. Evan and Debra Karlson and Debra's son Adam Day (collectively "Karlsons") were injured in an automobile accident in which their vehicle struck a cow carcass near McCammon, Idaho. The Karlsons filed an action against the owners of the cow, the owners of the property from which the cow escaped and the State of Idaho to recover physical and emotional damages sustained in the accident. The jury returned...

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