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BERG v. KENDALL

Nos. 34763, 35154.

212 P.3d 1001 (2009)

Scott BERG, as Guardian Ad Litem, for Tracey Berg, a minor, Plaintiffs, and Stacey Berg, as next friend for Tracey Berg, a minor, Aggrieved Party-Appellant, v. Alyssa KENDALL, individually and J. Doe, individually, Defendants-Respondents.

Supreme Court of Idaho, Boise, June 2009 Term.

July 9, 2009.

Attorney(s) appearing for the Case

Seiniger Law Offices, Boise, for appellants. William Breck Seiniger argued.

Carty Law, Boise, for appellant. Stuart Waller Carty appeared.

Merrill & Merrill, Pocatello, for respondents. Thomas J. Lyons argued.

BURDICK, Justice.

This appeal involves the claims of Appellant Tracey Berg, a minor child, who sustained injuries when she was struck by a vehicle driven by Respondent Alyssa Kendall. In Berg I, Scott Berg, Tracey's father, filed a complaint on Tracey's behalf as her guardian ad litem. The district court dismissed this complaint with prejudice. Tracey and her mother Stacey Berg, appearing as Tracey's next friend (collectively Appellants), filed an I.R.C.P....

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