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GONZALEZ v. LAMB WESTON, INC.

No. 30910.

124 P.3d 996 (2005)

142 Idaho 120

Cecilio GONZALEZ and Herminia Gonzalez, husband and wife, Plaintiffs-Appellants, v. LAMB WESTON, INC., a Delaware corporation, Defendant-Respondent, and Brask Enterprises, Inc., a Texas corporation; Sebright Products, Inc., a Michigan corporation; and John Doe and Jane Doe, husband and wife, I through X, and Business Entities I through X, Defendants.

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

November 22, 2005.

Attorney(s) appearing for the Case

Pedersen and Jackson, Twin Falls, for appellants. Jarom A. Whitehead argued.

Moore & Baskin, LLP, Boise, for respondent. Michael W. Moore argued.

EISMANN, Justice.

This is an appeal from a partial summary judgment dismissing this action as to Lamb Weston, Inc., because it was the statutory employer of the injured plaintiff and therefore immune from liability under Idaho Code § 72-223(1). We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Lamb Weston, Inc., (Lamb Weston) makes and packages frozen potato products at its Twin Falls plant for sale to retailers,...

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