FRAGNELLA v. PETROVICH

No. 37783.

281 P.3d 103 (2012)

Tiffany Ann Marie FRAGNELLA, deceased, and the Estate of Tiffany Ann Marie Fragnella, Plaintiffs-Appellants, v. Robert B. PETROVICH, individually, d/b/a Petrovich Trucking, Inc., and Interstate Equipment Leasing, Inc., Swift Transportation, Inc., and John and Jane Doe, Defendants-Respondents. Nicole A. Plouffe, Plaintiff-Appellant, v. Robert B. Petrovich, Jr., and Jane Doe Petrovich, husband and wife, d/b/a Petrovich Trucking, Inc., Interstate Equipment Leasing, Inc., Swift Transportation Corporation, a Nevada corporation, and Swift Transportation Co., Inc., an Arizona corporation, Defendants-Respondents. Thomas Thayer, Plaintiff-Appellant, v. Robert B. Petrovich, Jr., and Jane Doe Petrovich, husband and wife, d/b/a Petrovich Trucking, Inc., Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, May 2012 Term.

Rehearing Denied August 1, 2012.


Attorney(s) appearing for the Case

Scott Broyles , Clarkson, WA, for Appellant Estate of Tiffany Ann Marie Fragnella. No argument.

Aherin, Rice & Anegon, Lewiston, for Appellant Plouffe. Darrel W. Aherin argued.

Lawrence J. Kuznetz , Spokane, WA, for Appellant Thayer.

Ramsden & Lyons, LLP, Coeur d'Alene, for Respondent. Marc A. Lyons argued.


W. JONES, Justice.

I. NATURE OF THE CASE

This appeal involves the consolidation of two personal injury actions and one wrongful death action arising out of an automobile accident. On December 5, 2007, Paul Ruggiero-Smith's vehicle collided with a semi-tractor trailer driven by Robert Petrovich. Nicole Plouffe and Tiffany Ann Marie Fragnella were both passengers in Smith's vehicle. Plouffe was severely injured and Fragnella died as a result of her injuries...

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