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NICHOLS v. GODFREY

No. 9706.

411 P.2d 763 (1966)

Felicia NICHOLS, Plaintiff-Appellant, v. Willis GODFREY and State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

March 4, 1966.

Attorney(s) appearing for the Case

R. M. Whittier and L. Kim McDonald, Pocatello, for appellant.

Merrill & Merrill, Pocatello, for respondents.

McFADDEN, Chief Justice.

Mrs. Nichols, the plaintiff, instituted this action for damages for personal injuries she claims she suffered after being struck by a truck owned by the State of Idaho, and operated by defendant Godfrey. In her complaint she alleged that State had purchased liability insurance to cover the risk and accordingly waived its sovereign immunity from suit. The State and defendant Godfrey, moved for summary judgment under I.R.C.P. 56(b) and (c)....

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