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OLGUIN v. CITY OF BURLEY

No. 18374.

810 P.2d 255 (1991)

119 Idaho 721

Mark A. OLGUIN, an incapacitated person, and Dora Malaxechevarria, conservator for Mark A. Olguin, Plaintiffs-Appellants, v. CITY OF BURLEY, John Banks and Robert Nay, Defendants-Respondents, and Barton J. Webster, Mike Shears, and John and Jane Does I-X, Defendants.

Supreme Court of Idaho, Twin Falls, October 1990 Term.

Rehearing Denied May 28, 1991.

Attorney(s) appearing for the Case

Churchill & Vander Boegh, Boise, for plaintiffs-appellants. Douglas L. Vander Boegh, argued.

Parsons, Smith, Stone & Fletcher, Burley, for defendants-respondents. William Parsons, argued.

JOHNSON, Justice.

This is a tort claims case. The issue presented is whether police officers who do not arrest a person they have reason to believe is intoxicated may be held liable to another person who is injured when the intoxicated person subsequently drives a vehicle and causes an accident. We hold that under the facts presented on a motion for summary judgment in this case, the trial court was correct in dismissing the injured person's claims against the law...

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