SMITH v. STATE

Nos. 10285, 10290, 10315 and 10388.

473 P.2d 937 (1970)

93 Idaho 795

Elwyn SMITH and Morrie Smith, Randy Smith and Kelly Smith, Minors, through their Guardian ad litem, Kathleen Prentice, Plaintiffs, v. The STATE of Idaho, Defendant. Elwyn SMITH and Morrie Smith, Randy Smith and Kelly Smith, Minors, through their Guardian ad litem, Kathleen Prentice, Plaintiffs-Appellants, v. DUFFY REED CONSTRUCTION CO., an Idaho Corporation, John Doe, Jack Doe, and Jane Doe, Defendants, and The State of Idaho, Defendant-Respondent. James W. HOPPER, surviving husband of Stella M. Hopper, Deceased, individually, and as Guardian of the Estates of Rachel Jane Hopper and Rebecca Estelle Hopper, the surviving minor children of Stella M. Hopper, Deceased, Plaintiffs-Appellants, v. The IDAHO BOARD OF HIGHWAY DIRECTORS and Doyle Symms, C. Ed Flandro and Ernest F. Gaffney, the members of the Idaho Board of Highway Directors, Defendant-Respondent. Maurice MURPHY and Zelda Murphy, husband and wife, and Maurice Murphy as Guardian ad litem for Thomas Murphy, a minor, Plaintiffs-Appellants, v. The DEPARTMENT OF HIGHWAYS, a civil department of the State of Idaho, Doyle Symms, Ernest F. Gaffney and C. Ed Flandro as the Board of Directors for the Department of Highways, Blaine Sessions, Doyle Symms, Ernest F. Gaffney and C. Ed Flandro, Individually, Defendants-Respondents, and Melrose Burgess and Jane Doe Burgess husband and wife, Defendants.

Supreme Court of Idaho.

Rehearing Denied August 5, 1970.


Attorney(s) appearing for the Case

Kramer, Plankey & Meehl, Twin Falls, for plaintiffs and appellants in Nos. 10285 and 10290.

McClenahan & Greenfield, Boise, for plaintiffs and appellants in No. 10315.

Rayborn, Rayborn, Webb & Pike, Twin Falls, for plaintiffs and appellants in No. 10388.

Faber F. Tway, Boise, for defendants and respondents.


The previous opinion regarding these cases is withdrawn and this opinion is hereby substituted therefor.

DONALDSON, Justice.

These cases involve claims for wrongful death and personal injury against the State of Idaho, based on alleged negligent acts of employees of the State Highway Department. In all of the cases, except Case No. 10285, the state moved for summary judgment or dismissal in the district court on the basis of the state's sovereign immunity...

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