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GAILEY v. JEROME COUNTY

Nos. 16391, 16731.

745 P.2d 1051 (1987)

113 Idaho 430

Robert Wade GAILEY and Brian Quinn Gailey, individually; Cecil L. Gailey and Sharon G. Gailey, husband and wife, Plaintiffs-Appellants, v. JEROME COUNTY and Jerome County Commissioners Carl Butler, Pamela Smith and Carl Montgomery, and Jerome County Highway District and H.E. (HAP) Wilson, Jerome County Highway District Chairman, Defendants-Respondents, Robert Wade GAILEY and Brian Quinn Gailey, individually; Cecil L. Gailey and Sharon G. Gailey, husband and wife, Plaintiffs-Respondents, v. JEROME COUNTY and Jerome County Commissioners Carl Butler, Pamela Smith and Carl Montgomery, and Jerome County Highway District and H.E. (HAP) Wilson, Jerome County Highway District Chairman, Defendants-Appellants.

Supreme Court of Idaho.

October 9, 1987.

Attorney(s) appearing for the Case

William R. Hollifield, Decker & Hollifield, Twin Falls, for plaintiffs-appellants.

Paul S. Penland, Penland & Munther, Boise, for defendants-respondents.

HUNTLEY, Justice.

These cases present two primary issues. The first is whether I.C. § 5-230, providing for tolling of statutes of limitation against minors, serves to toll the time for filing a notice of claim under the Idaho Tort Claims Act. The second issue is whether the amendment of I.C. § 6-906 applies retrospectively to the claims of Robert Gailey and his parents, Cecil and Sharon.

On May 13, 1984, Robert Gailey and Brian Gailey were seriously...

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