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MALLORY v. CITY OF MONTPELIER

No. 20836.

885 P.2d 1162 (1994)

126 Idaho 446

Cleve D. MALLORY and Delores D. Mallory, husband and wife, Plaintiffs-Appellants, v. CITY OF MONTPELIER, Defendant-Respondent, and Bear Lake County School District, Glay Homer, and the Montpelier Women's Softball Association, an unofficial association comprised of Marsha Singleton, Jennifer Hendricks, Linda Thomas, and Jane Does I through IX, Defendants.

Court of Appeals of Idaho.

December 6, 1994.

Attorney(s) appearing for the Case

John B. Kugler, Pocatello, for appellants.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for respondent. Mitchell W. Brown, argued.

PERRY, Judge.

In this case, we are asked to determine whether a plaintiff complied with the Idaho Tort Claims Act in a personal injury action against a city. We conclude, based on the facts of this case, that a notice of claim was not filed within the 180-day time limit imposed by I.C. § 6-906, and therefore the action was properly dismissed by the district court on a motion for summary judgment.

FACTS AND PROCEDURE

On July 26, 1990, Delores...

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