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VOLK v. BALDAZO

No. 13533.

651 P.2d 11 (1982)

103 Idaho 570

Teresa Marie VOLK and Leslie K. Volk, husband and wife, and Frank Volk and Rebecca Volk, husband and wife, Plaintiffs-Appellants, v. Fidel BALDAZO, Kathy Dean Shultz and Dean W. Shultz, Defendants-Respondents. Fidel BALDAZO, Cross-Claimant, v. Kathy Dean SHULTZ and Dean W. Shultz, Cross-Defendants.

Supreme Court of Idaho.

August 27, 1982.

Attorney(s) appearing for the Case

William J. Brauner, Caldwell, for plaintiffs-appellants.

Michael G. Brady, Boise, for defendant-respondent, Baldazo.

William J. Russell, Robert M. Tyler, Jr., Jeffrey L. Supinger, of Elam, Burke, Evans, Boyd & Koontz, Boise, and Ronald P. Rainey, of Alexanderson, Davis, Rainey & Whitney, and Gary E. Radke, Caldwell, for defendants-respondents, Shultz.

Jeffrey Robert White, Washington, D.C., and Jon J. Shindurling, of May, May, Sudweeks, Shindurling & Stubbs, Twin Falls, for amicus curiae, Association of Trial Lawyers of America.

SHEPARD, Justice.

This appeal is from a partial summary judgment granted defendants on the ground that plaintiffs-appellants failed to state a claim upon which relief could be granted. The trial court order granting partial summary judgment was certified for appeal pursuant to I.R.C.P. 54(b). The sole issue presented is whether an action for the wrongful death of a viable yet unborn fetus states a claim upon which relief can be granted under our wrongful death statute...

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