2005 Idaho Code - 49-2705 — LIABILITY

                                  TITLE  49
                                MOTOR VEHICLES
                                  CHAPTER 27
                             FUNERAL PROCESSIONS
    49-2705.  LIABILITY. (1) Liability for any death, personal injury, or
property damage suffered by any person in a funeral procession shall not be
imposed upon the funeral home and/or duly authorized escort vehicle in charge
of the funeral procession, its employees or agents, unless such death,
personal injury, or property damage is proximately caused by the negligent or
intentional act or omission of an employee or agent of the funeral home and/or
duly authorized escort vehicle.
    (2)  Liability for any death, personal injury, or property damage that
results from, is caused by, or arising out of any action or inaction of any
operator of a vehicle in a funeral procession under the control of a funeral
home and/or duly authorized escort vehicle shall not be imposed upon such
funeral home and/or duly authorized escort vehicle, its employees or agents,
unless the death, personal injury, or property damage is proximately caused by
the negligent or intentional act or omission of an employee or agent of the
funeral home and/or duly authorized escort vehicle.
    (3)  The operator of a vehicle in a funeral procession shall not be deemed
to be an agent of the funeral home and/or duly authorized escort vehicle
unless such operator is an employee of the funeral home and/or duly authorized
escort vehicle and acting in the course of his employment, or unless such
operator was retained as in [an] independent contractor of the funeral home
and is performing services pursuant thereto.

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