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McLEAN v. MAVERIK COUNTRY STORES, INC.

Docket No. 31627.

135 P.3d 756 (2006)

142 Idaho 810

Byron W. McLEAN and Jeanettemc Lean, as husband and wife, and as parents and natural guardians on behalf of Michael McLean, their minor child, Plaintiffs-Appellants-Cross Respondents, v. MAVERIK COUNTRY STORES, INC., Defendant-Respondent-Cross Appellant, and Javier Garcia Alvarado, an individual, Defendant.

Supreme Court of Idaho, Boise, March 2006 Term.

April 21, 2006.

Attorney(s) appearing for the Case

Holzer, Edwards & Harrison, Chtd., and Emil R. Berg, Boise, for appellants. Kurt Holzer argued.

Quane, Smith LLP, Boise, for respondent. David W. Knotts argued.

EISMANN, Justice.

This is an appeal from a partial summary judgment dismissing a claim by a vehicle passenger who was injured when the intoxicated driver ran off the road in a single vehicle accident. At the time of the accident, the passenger was a minor. He and his parents brought an action against the driver and the store who sold beer to the driver, and the district court dismissed the claim against the store pursuant to Idaho Code § 23-808(4)(b). We affirm...

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