[DOWNLOAD] "Roland Newlan and Frances Newlan v. State" by 11655 Supreme Court of Idaho Nos. 11561 # eBook PDF Kindle ePub Free
eBook details
- Title: Roland Newlan and Frances Newlan v. State
- Author : 11655 Supreme Court of Idaho Nos. 11561
- Release Date : January 30, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
These are appeals in two separate actions from dismissal of plaintiffs' actions against the State as the result of automobile
accidents. The cases present similar facts, give rise to nearly identical questions of law and therefore were consolidated
upon appeal. The principal questions involve the constitutionality and correct interpretation of two sections of the Idaho
Tort Claims Act enacted in 1971. The facts as they relate to the Newlan case are as follows. Linda Newlan, the daughter of appellants Newlan, died on June
5, 1971 as the result of injuries suffered in an automobile accident which occurred June 1, 1971. On May 24, 1973 the Newlans
filed a notice of claim against the State of Idaho for the wrongful death of their daughter. On June 1, 1973 the instant action
was filed against the State and other defendants for wrongful death as a result of a slippery highway caused by inappropriate
paving materials specified by the Idaho Department of Highways. The State moved to dismiss the complaint on the grounds that
a claim for the damages had not been presented and filed with the Secretary of State within 120 days from the date the claim
arose, or reasonably should have been discovered, as required by I.C. §§ 6-905 -- 908. The motion was
granted, the case dismissed and this appeal results.