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KOLAR v. CASSIA COUNTY IDAHO

No. 30727.

127 P.3d 962 (2005)

142 Idaho 346

J. Steven KOLAR and Shelly L. Kolar, husband and wife, Plaintiffs-Appellants, v. CASSIA COUNTY IDAHO, Scott J. Hitt, Burley Highway District, Albion Highway District, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2005 Term.

December 28, 2005.

Attorney(s) appearing for the Case

Parker Law Firm, Twin Falls, and DeHaan & Associates, Twin Falls, for appellants. Harry DeHaan argued.

Naylor & Hales, P.C., Boise, for respondent Albion Highway District. Colleen D. Zahn argued.

Moore & Baskin, LLP, Boise, for respondent Burley Highway District. Michael Moore argued.

Anderson Julian & Hull, Boise, for respondent Cassia County. Brian Julian argued.

JONES, Justice.

This appeal gives us occasion to consider the "statutory employer" provision in Idaho's worker's compensation scheme, I.C. § 72-223(1). Appellant Steven Kolar was employed by an engineering firm and working on the respondents' road construction project when he was run over by a dump truck driven by an employee of one of the respondents. Mr. Kolar sued and the district court entered summary judgment in the respondents' favor, ruling the respondents...

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