Sterling v. Bloom

BISTLINE, Justice.

I

This case calls on us in compelling fashion to re-examine certain provisions of the Idaho Tort Claims Act, I.C. § 6-901, et seq. A review of the facts illustrates the case’s compelling nature.

The district court decided this case on a motion for judgment on the pleadings. On a motion for judgment on the pleadings pursuant to I.R.C.P. 12(c), the moving party admits all the allegations of the opposing party’s pleadings and concomitantly admits the untruth of its own allegations which its adversary has denied. See, e.g., Davenport v. Burke, 27 Idaho 464, 473, 149 P. 511, 515…