Black v. Peter Kiewit Sons' Co.

DONALDSON, Justice.

This negligence action was brought to recover for personal injuries and property damage sustained by the appellants when, on October 1, 1967, an oil slick on Interstate Highway 80-N caused their automobile to go out of control. In September of 1969, the appellants filed suit against the Idaho Department of Highways and Peter Kiewit Sons’ Co., the contractor which constructed the section of the highway where the accident occurred.

The parties stipulated that (1) the respondent contractor had constructed the highway section in accordance with the plans and specifications…