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ATHAY v. STACEY

No. 33785.

196 P.3d 325 (2008)

Kyle ATHAY, Plaintiff-Appellant, v. Dale M. STACEY, individually and in his official capacity as Sheriff of Rich County, Utah; Rich County, Utah, a political subdivision of the State of Utah; Gregg Athay, individually and in his official capacity as Captain of the Sheriff's Department of Bear Lake County, Idaho; and Bear Lake County, Idaho, a political subdivision of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, April 2008 Term.

Rehearing Denied October 15, 2008.

Attorney(s) appearing for the Case

Craig R. Jorgensen, Pocatello, for appellant.

Naylor & Hales, P.C., Boise, for respondents Gregg Athay and Bear Lake County. Kirtlan Naylor argued.

Stirba & Associates, Salt Lake City, Utah, and E.W. Pike & Associates, Idaho Falls, for respondents Dale Stacey and Rich County. Peter Stirba argued.

SUBSTITUTE OPINION.

THE COURT'S PRIOR OPINION DATED JUNE 18, 2008 IS HEREBY WITHDRAWN.

EISMANN, Chief Justice.

This is an appeal from the grant of summary judgment dismissing this action brought to recover damages for the Plaintiff's injuries sustained when his vehicle was struck by a motorist fleeing at high speed to avoid arrest. The Sheriff from Rich County, Utah, had pursued the fleeing Mustang from Utah, through Wyoming, and into Bear Lake...

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