Smith v. State

It is my opinion that the trial courts in the cases involved on this appeal correctly held that no claim for relief was stated as against the defendants because of the immunity of the state from suit. It is my further opinion that the original action filed with this court should also be dismissed. My reasons for reaching this conclusion are following.

As recently as 1967 this court has steadfastly adhered to the rule

“That the State of Idaho and any of its subdivisions or departments, such as the Board of Highway Directors, are immune from liability for the torts of their employees unless such…