Masters v. State

I

Here we have a sequel to Odenwalt v. Zaring, 102 Idaho 1, 624 P.2d 383 (1980), wherein the split on the Court was three-to-two. By a single vote the lot of tort victims in the State of Idaho was thrown in with that of Wisconsin’s tort victims, notwithstanding that the legislature expressed no intent whatever that such should happen. It was said, however, by the three-member majority that the I.C. § 6-801, “enacted in 1971, is virtually identical to the Wisconsin comparative negligence statute in effect in 1971.” 102 Idaho at 4, 624 P.2d at 386. Upon that slender premise of a “virtually…