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ADAMS v. KRUEGER

No. 18472.

856 P.2d 887 (1991)

124 Idaho 97

DiAnn ADAMS and Patrick Adams, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. Philip M. KRUEGER, M.D., Defendant-Appellant-Cross Respondent, and Leila Parker, Nurse Practitioner, Defendant-Cross Respondent.

Court of Appeals of Idaho.

September 3, 1991.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for defendant-appellant-cross respondent. Richard Stubbs argued.

Wilson & Carnahan, Boise, for plaintiffs-respondents-cross appellants. Debrha J. Carnahan argued.

WALTERS, Chief Judge.

This case involves the construction of Idaho's comparative negligence law as applied to co-defendants standing in an employer-employee relationship. The central question on appeal is whether the negligence of an employee is imputed to the employer when applying the provisions of Idaho's comparative negligence law, I.C. § 6-801. We also discuss the trial court's discretionary authority to deny a party its costs. For the reasons explained...

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