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eBook details

• Title: Terry Jephson v. Theresa Louise Ambuel
• Author : Supreme Court of Idaho No. 10479
• Release Date : January 21, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiffs-appellants Terry Robert Jephson and his father, Robert Jephson, as guardian and individually, brought this action
in the district court alleging that Terry Jephson (hereinafter sometimes referred to as appellant) had been injured as the
result of negligence on the part of defendant-respondent Theresa Louise Ambuel. Respondent answered denying negligence and
pleading the affirmative defense of contributory negligence. Upon submission of several affidavits and the depositions of
appellant and respondent, the district court granted respondent's motion for summary judgment. This order was based upon the
Conclusion that all of the evidence offered by both parties indicated that respondent was not negligent as a matter of law.
The trial court also held that appellant had been contributorially negligent. The Jephsons have appealed from the summary
judgment. On July 16, 1967, respondent, who was proceeding westward on the South Idaho Falls Interchange between US-191 and I-15, struck
the appellant with her car. Appellant had been driving a motorcycle ahead of respondent and was traveling in the same direction
as respondent. The collision occurred in the eastbound lane of the highway. The brakes on respondent's automobile were in
good working order and there were 156 feet of skid marks left by her vehicle. The road was hard-surface and dry, and the accident
occurred in the afternoon of a sunny day. A state trooper, trained and experienced in the investigation of automobile accidents,
concluded that, based on the conditions of the road, the quality of respondent's brakes, and the length of the skid marks,
there was no indication that the respondent had been traveling faster than fifty-five miles per hour.

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