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CAFFERTY v. STATE, DEPT. OF TRANSP.

No. 32818.

160 P.3d 763 (2007)

Camilla CAFFERTY, individually and as natural parent and guardian of Allan Cafferty, a minor, Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLE SERVICES, Defendant-Respondent.

Supreme Court of Idaho, Boise, May 2007 Term.

May 31, 2007.

Attorney(s) appearing for the Case

Hepworth, Lezamiz & Janis, Chtd., Twin Falls, for appellant. Robyn Maddox Brody argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Barbara Ann Beehner-Kane, Deputy Attorney General, argued.

BURDICK, Justice.

Appellant Camilla Cafferty appeals the district court's dismissal of her claims for negligence and wrongful death against Respondent State of Idaho, Department of Transportation, Division of Motor Vehicle Services (DMV) based on immunity under the Idaho Torts Claims Act (ITCA). We affirm in part, reverse in part and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are undisputed. On April 14, 2004, Timothy Hedges...

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