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NEWLAN v. STATE

Nos. 11561, 11655.

535 P.2d 1348 (1975)

96 Idaho 711

Roland NEWLAN and Frances Newlan, husband and wife, Plaintiffs and Appellants, v. The STATE of Idaho, Defendant and Respondent, and Thelma Schwartz as Administratrix of the Estate of Frank Harrison and Patricia Rippee and Michael Harrison Rippee, respectively, and the Allstate Insurance Company, Inc., Defendants. Frank AGOST and Juanita Agost, Plaintiffs and Appellants, v. The STATE of Idaho, Defendant and Respondent.

Supreme Court of Idaho.

Rehearing Denied June 10, 1975.

Attorney(s) appearing for the Case

Lloyd J. Webb of Webb, Pike, Burton & Carlson, Twin Falls, for defendants and appellants Newlan.

Nicholas Chenoweth, Orofino, Eli Rapaich, Lewiston, for defendants and appellants Agost.

W. Anthony Park, Atty. Gen., Peter C. Jenkins and Michael A. Greene, of Eberle, Berlin, Kading, Turnbow & Gillespie, chartered, Sp. Asst. Attys. Gen., Boise, for defendant and respondent.

Peter Heiser, Jr., of Kidwell & Heiser, Boise, as amicus curiae.

SHEPARD, Justice.

These are appeals in two separate actions from dismissal of plaintiffs' actions against the State as the result of automobile accidents. The cases present similar facts, give rise to nearly identical questions of law and therefore were consolidated upon appeal. The principal questions involve the constitutionality and correct interpretation of two sections of the Idaho Tort Claims Act enacted in 1971.

The facts as they relate to the Newlan...

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