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NAVA v. RIVAS-DEL TORO

No. 37613.

264 P.3d 960 (2011)

Beatriz NAVA, individually and as the next friend of Sarai N. Victorino, a minor child, Plaintiff-Appellant, v. Christian R. RIVAS-DEL TORO, Defendant/Respondent/Cross-Appellant, and Willard Cranney, Michael Cranney, and Douglas Cranney, d.b.a. Cranney Farms, d/b/a Cranney Brothers Farms, Defendants-Respondents-Cross-Respondents.

Supreme Court of Idaho, Boise, November 2011 Term.

November 30, 2011.

Attorney(s) appearing for the Case

Wm. Breck Seiniger, Jr. ; Seiniger Law Offices; Boise, argued for appellants.

John Bailey , Racine Olson Nye Budge & Bailey Chtd., Pocatello, argued for respondents Cranney.

Brendon C. Taylor , Merrill & Merrill Chartered, Pocatello, argued for respondent Rivas-Del Toro.

EISMANN, Justice.

This personal injury action arising out of a traffic accident was dismissed against the owners of the truck driven by the person who was allegedly at fault on the ground that he was an employee of the owners and was outside the course and scope of his employment. Because that is not a defense to the claims alleged in the complaint, we vacate the judgment of the district court.

I.

Factual...

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