Cafferty v. State, Dept. of Transp.

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 was released from prison after serving his entire five-year sentence for felony DUI, his eighth DUI. Only four months later, on August 18, 2004,…