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TIEGS v. ROBERTSON

No. 35921.

236 P.3d 474 (2010)

Bruce TIEGS, individually, and as co-personal representative of the Estate of Kenneth Tiegs; Steven Tiegs and Susan Huter, individually, and as co-personal representatives of the Estate of Kenneth Tiegs, and K.P. Inc., an Idaho corporation, Plaintiffs-Respondents, v. Darrell L. ROBERTSON, Defendant-Appellant, and Dustin M. Kukla, Defendant. Kenneth Tiegs and Sons, Inc., as subrogee of Unigard Insurance, Plaintiff-Respondent, v. Darrell L. Robertson, Defendant-Appellant, and Dustin M. Kukla, Defendant.

Court of Appeals of Idaho.

July 9, 2010.

Attorney(s) appearing for the Case

Saetrum Law Offices, Boise, for appellant. Ryan B. Peck argued.

Rossman Law Group, PLLC, Boise, for respondent. Chad M. Nicholson argued.

GUTIERREZ, Judge.

Darrell L. Robertson appeals from the district court's denial of his motion for summary judgment and grant of Bruce Tiegs' motion for a new trial. We affirm.

I.

FACTS AND PROCEDURE

In July 2003, Robertson allowed Dustin M. Kukla to borrow a tractor and hay baler to complete a job baling straw for which Kukla had been hired by another party. Robertson was aware that the rear lights on the baler were not operational. Before...

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