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SCHWAN'S SALES ENTERPRISES, INC. v. IDAHO TRANSP. DEPARTMENT

No. 31286.

136 P.3d 297 (2006)

142 Idaho 826

SCHWAN'S SALES ENTERPRISES, INC., Plaintiff-Respondent, v. IDAHO TRANSPORTATION DEPARTMENT, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2006 Term.

April 25, 2006.

Attorney(s) appearing for the Case

Honorable Lawrence G. Wasden, Idaho Attorney General, Boise, Idaho, for appellant. Michael D. Gaffney argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, Idaho for respondent. Larry C. Hunter argued.

JONES, Justice.

At about 10 o'clock one April evening in 2001, a Schwan's employee (named Forman) drove one of the company trucks past a stop sign and through the intersection of U.S. Highway 91 and Wicks Road1 in Bingham County. His truck collided with another vehicle, and two people in the vehicle he hit were killed. Forman pleaded guilty to two counts of vehicular manslaughter. He was on company time when the accident occurred, and...

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