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FUHRIMAN v. STATE

Nos. 31974, 32224, 32225.

153 P.3d 480 (2007)

Laura FUHRIMAN, in her individual capacity and as a guardian of the minors Amber Fuhriman, Justin Fuhriman, and Sean Fuhriman; Shanna Hunsaker, in her individual capacity and as a guardian of the minors Kristina Hunsaker, Erin Hunsaker, Kaston Lee, Baylee Hunsaker, Patrick Hunsaker, Jerimiah Hunsaker, Shylow Hunsaker, and Jeanetta Hunsaker; Michael W. Williams and Tamara Williams, husband and wife; James L. Wakley; Lorin L. Weeks and Tara Weeks, husband and wife; Victor F. Lindsley and Pamela Lindsley, Husband and Wife, Plaintiffs, and Dustin R. Stuart; and Ryan Stuart, Plaintiffs-Appellants, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Supreme Court of Idaho, Boise, October 2006 Term.

February 5, 2007.

Attorney(s) appearing for the Case

M. Brent Morgan, PC Chtd., Pocatello, for appellants Stuart and Stuart. M. Brent Morgan argued.

Merrill & Merrill, Chartered, Pocatello, for appellants Fuhriman, Hunsaker and Williams. David C. Nye argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

Eberle, Berlin, Kading, Turnbow, McKlveen & Jones, Boise, for respondent. Warren Jones argued.

BURDICK, Justice.

This case asks the Court to determine whether immunity from a tort suit based on qualification as a statutory employer is an affirmative defense and if so, whether it is waived if not pleaded. This case also asks the Court to determine whether a category one statutory employer under Worker's Compensation Law must be a general contractor or subcontractor and whether a category one statutory employer must exercise a certain degree of control over the...

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