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YOUNGBLOOD v. HIGBEE

No. 33588.

182 P.3d 1199 (2008)

Autumn YOUNGBLOOD, Plaintiff-Appellant, v. Jessie HIGBEE, Big O Tires, and Dennis Claunch Tires, Inc., an Idaho corporation, Defendants-Respondents. Autumn Youngblood, Plaintiff-Appellant, v. Jessie Higbee, Big O Tires, and Dennis Claunch Tires, Inc., an Idaho corporation, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, October 2007 Term.

Rehearing Denied April 25, 2008.

Attorney(s) appearing for the Case

Curtis & Browning, Idaho Falls, for appellant. Paul Tibbitts Curtis argued.

Merrill & Merrill, Pocatello, for respondent Big O Tires. Thomas J. Lyons argued.

Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, for respondent Higbee. John A. Bailey, Jr. argued.

SUBSTITUTE OPINION

BURDICK, Justice.

This case arises from a negligence action brought against a franchisor. The district court granted the franchisor's motion for summary judgment. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant Autumn Youngblood was riding as a passenger in driver Jessie Higbee's vehicle and was injured when Higbee's vehicle rear-ended another vehicle in Idaho Falls on June 5, 2003. Respondent Big O Tires, Inc...

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