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GARCIA v. WINDLEY

No. 32274.

164 P.3d 819 (2007)

Maria E. GARCIA, Plaintiff-Appellant, v. JAY WINDLEY, an individual, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 2007 Term.

July 31, 2007.

Attorney(s) appearing for the Case

Hutchinson & Brown, LLP, Chtd., Twin Falls, for appellant. Patrick David Brown argued.

Brassey, Wetherell, Crawford & Garrett, Boise, for respondent. Robert Thomas Wetherell argued.

BURDICK, Justice.

Appellant Maria Garcia appeals a denial of summary judgment and the use of an alleged erroneous jury instruction given on proximate cause. We decline to review the denial of summary judgment and hold that the proximate cause jury instruction was erroneous. We reverse and remand to the district court for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 24, 2001, a car accident occurred...

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