Nichols v. Godfrey

McFADDEN, Chief Justice.

Mrs. Nichols, the plaintiff, instituted this action for damages for personal injuries she claims she suffered after being struck by a truck owned by the State of Idaho, and operated by defendant Godfrey. In her complaint she alleged that State had purchased liability insurance to caver the risk and accordingly waived its sovereign immunity from suit. The State and defendant Godfrey, moved for summary judgment under I.R.C.P. 56(b) and (c). The trial court granted the motion, dismissed the cause, and this appeal resulted. In granting the defendants’ motion, the court…