Smith v. Praegitzer

The case which the Court does not deign to review is procedurally strikingly similar to Harvey v. F.B. Truck Line Company and Charles MacGuinnis, 115 Idaho —, 767 P.2d 254 (1987), presently pending in this Court on a petition for rehearing. This Court’s opinion issued in July of 1987 and at this time is found only in 87ISCR1239. The similarity mentioned is found by going to the dissenting opinion of Chief Justice Shepard in Harvey, and in particular his discussion therein of the Mann case, Mann v. Safeway Stores, Inc., 95 Idaho 732, 518 P.2d 1194 (1974). Mann was a personal injury case…