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David Harold Brown and Debbie Brown v.

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eBook details

  • Title: David Harold Brown and Debbie Brown v.
  • Author : Supreme Court of Idaho No. 13935
  • Release Date : January 10, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

David Brown, plaintiff-respondent, was injured on August 2, 1974, while employed by Agricultural Products Corporation, Inc. (APC). On that date, appellants Douglas Crane and Lewis Larsen, who were on the payroll of the appellant Jerry's Welding, were lowering an air compressor out of a window in APC's ball mill plant. By reason of causation not germane to this appeal, the compressor fell and struck Brown rendering him a paraplegic. As a result of this accident, two lawsuits were filed. The first was subject to appeal before this Court in Scott v. Agricultural Products Corporation, Inc., 102 Idaho 147, 627 P.2d 326 (1981). The second, a personal injury action, was filed by David Brown and his wife against Jerry's Welding, Crane and Larsen. Following trial to a jury which responded to special interrogatories, judgment on the verdict was entered in favor of the plaintiffs. The jury found that Crane, Larsen, and APC were guilty of negligence which was the proximate cause of the accident and that Crane and Larsen were not the special or loaned employees of APC. The jury apportioned the negligence between Crane (42.5%), Larsen (42.5%), and APC (15%) and awarded damages to David Brown and his wife in the amounts of $1,075,814.65 and $50,000.00 respectively.


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