Hughes v. STATE, ID. DEPT. OF LAW

TROUT, Justice.

I

BACKGROUND AND PRIOR PROCEEDINGS

This appeal arose from a district court action for personal injury to Plaintiff-Respondent Dawn Hughes (Hughes). Hughes, an elementary school child, sustained injuries in September 1991 when a Chevrolet Blazer driven by Defendant-Appellant Craig Peterson (Peterson) struck her. Peterson was employed by the Department of Law Enforcement (Department), which owned the Blazer Peterson was driving at the time of the accident. According to Hughes’ testimony, she was preparing to cross a residential street at the crosswalk when she crouched behind a…