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STEM v. PROUTY

No. 37641.

272 P.3d 562 (2012)

John STEM, Plaintiff-Appellant, v. Wesley C. PROUTY, Defendant-Respondent. and City of Garden City, Idaho, Defendant.

Supreme Court of Idaho, Boise, December 2011 Term.

March 5, 2012.

Attorney(s) appearing for the Case

Crandall Law Office and Emil R. Berg , Boise, for appellant. Emil Berg argued.

Ringert Law Chartered, Boise, for respondent. James Reid argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This appeal involves a negligence claim arising out of a forklift accident. Appellant, John Stem, was helping to load a forklift at his place of work when another employee backed the forklift over a water meter cover which broke under the weight of the forklift. Consequently, the forklift toppled and pinned Stem to the ground, resulting in severe injuries and the amputation of his right leg. Stem sued Respondent,...

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