Roberts v. Transportation Dept.

WALTERS, Chief Judge.

This case arises from a fatal accident that occurred when a motorist failed to stop at a marked intersection and collided with the decedent’s vehicle traveling along the intersecting state through highway. On appeal, we are asked to determine whether the district court erred when, on summary judgment, it dismissed the wrongful death and personal injury claims asserted against the Idaho State Department of Transportation (the Department). For the reasons stated below, we reverse.

I

FACTS

The collision occurred at the intersection of State Highway 69 and Deer Flat Road,…