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HORNER v. SANI-TOP, INC.

No. 31588.

141 P.3d 1099 (2006)

Virgil HORNER and Julie Horner, individually and on behalf of their natural daughter, Hanna Alena Horner, a minor child, Plaintiffs-Respondents, v. SANI-TOP, INC., Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2006 Term.

Rehearing Denied August 15, 2006.

Attorney(s) appearing for the Case

Bowen & Bailey, L.L.P., Boise, for appellant. Chris Kronberg argued.

Seiniger Law Offices, P.A., Boise, for respondents. W. Breck Seiniger Jr. argued.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED JUNE 5, 2006, IS HEREBY WITHDRAWN

TROUT, Justice.

This is a wrongful death case arising out of an accident that occurred in the Home Depot Store in Twin Falls, Idaho (Home Depot). Janessa Horner, who was two years old at the time, died after being struck by debris from a load of countertops which fell as a Home Depot employee removed them from a high shelf using a forklift. Defendant Sani-Top...

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