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McGLOON v. GWYNN

No. 29450.

100 P.3d 621 (2004)

140 Idaho 727

Shelley A. McGLOON, individually and in her capacity as guardian and natural parent of Sean McGloon, a minor, and Ryan McGloon, a minor; and John McGloon, Plaintiffs-Respondents, v. Stefani Michelle GWYNN, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2004 Term.

October 25, 2004.

Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellant. Joshua S. Evett argued.

Sherer & Wynkoop, LLP, Meridian, for respondents. Stephen T. Sherer argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED MAY 19, 2004 IS HEREBY WITHDRAWN.

TROUT, Justice.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On December 1, 1999, Stefani Gwynn (Gwynn) rear-ended a car being driven by Shelley McGloon. The accident involved Shelley McGloon and her two sons, Sean and Ryan (the McGloons). Thereafter, on November 19, 2001, the McGloons filed a complaint which alleged negligence on Gwynn's part, among...

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