GRABICKI v. CITY OF LEWISTON

No. 40057.

302 P.3d 26 (2013)

Anthony E. GRABICKI, United States Bankruptcy Trustee, for and on behalf of Timothy K. Thompson and Janet M. Thompson, husband and wife, Plaintiffs, and C. Barry Zimmerman, United States Bankruptcy Trustee, for and on behalf of Thompson's Auto Sales, Inc., an Idaho corporation, Plaintiff-Appellant, v. CITY OF LEWISTON, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho, Coeur D'Alene, April 2013 Term.

May 23, 2013.


Attorney(s) appearing for the Case

Creason, Moore, Dokken & Geidl, PLLC, Lewiston, for appellant. Samuel T. Creason argued.

Anderson, Julian & Hull LLP, Boise, for respondent. Chris H. Hansen argued.


HORTON, Justice.

This appeal arises from an action filed against the City of Lewiston (the City) by Tim Thompson, Janet Thompson, and Thompson's Auto Sales (collectively, Thompson). Thompson filed a claim under the Idaho Tort Claims Act (ITCA), alleging the City negligently designed and installed a storm water drain system on a city street adjacent to Thompson's property, which caused storm water runoff to flow onto Thompson's property and damage it. After suit was...

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