Smith v. City of Preston

BAKES, Justice.

Plaintiff appellant Smith was injured and his automobile damaged in an accident in Preston, Idaho. Smith sued defendant respondent City of Preston claiming that the city’s failure to properly maintain a stop sign was the cause of the accident. Smith appeals from a summary judgment in favor of the city, arguing that the district court erred (1) in allowing the city to amend its answer, and (2) in concluding that Smith had failed to comply with the notice requirements of the Idaho Tort Claims Act. I.C. §§ 6-901 to -928.

I

The accident occurred on September 27, 1973. In a letter…