Barringer v. State

BAKES, Justice,

dissenting as to Part 111(B):

The Court’s analysis in Part 111(B) is flawed. The second issue raised by the state in the second part of its appeal is whether or not the plaintiff is precluded by I.C. § 6-926 from claiming and proving more than $100,000 in damages against the State of Idaho in this case. The relevant portion of § 6-926 in effect in January of 1978, the time of the accident in the present case read as follows:

“If any judgment or claim against a governmental entity or its employee under this act exceeds the one hundred thousand dollars ($100,000) per person limited…