Woodworth v. State Ex Rel. Idaho Transportation Board

298 P.3d 1066, 154 Idaho 362, 2013 WL 1285969, 2013 Ida. LEXIS 95
CourtIdaho Supreme Court
DecidedApril 1, 2013
Docket38884
StatusPublished
Cited by8 cases

This text of 298 P.3d 1066 (Woodworth v. State Ex Rel. Idaho Transportation Board) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodworth v. State Ex Rel. Idaho Transportation Board, 298 P.3d 1066, 154 Idaho 362, 2013 WL 1285969, 2013 Ida. LEXIS 95 (Idaho 2013).

Opinions

J. JONES, Justice.

Brian Woodworth initiated this action against the State of Idaho and the City of Nampa to recover damages for injuries he sustained while crossing a state highway. The district court granted summary judgment in favor of the defendants and Wood-worth timely appealed. We affirm.

I.

FACTUAL AND PROCEDURAL HISTORY

On October 29, 2007, at approximately 7:34 PM, Woodworth was struck by a vehicle and injured while pushing a shopping cart across 11th Avenue South at 3rd Street in Nampa, Idaho (hereinafter “Intersection”). This section of 11th Avenue is part of U.S. Highway 30, which is part of the state highway system. At the location of the accident, 11th Avenue was a five-lane road, with two north bound lanes, two south bound lanes, and a center turning lane. The intersection of 11th Avenue and 3rd Street is a “T” intersection with 3rd Street terminating as it meets 11th Avenue. There was no marked pedestrian crosswalk across 11th Avenue in the area where Woodworth was hit.

Woodworth filed suit against the State of Idaho, by and through its Idaho Transportation Board and Idaho Transportation Department, and the City of Nampa to recover for his injuries on October 27, 2009. He alleged two counts: (1) negligence per se and (2) common law negligence. However, at a motion hearing Woodworth’s counsel stated that he was only pursuing his common law negligence claim.

In February of 2011, both defendants moved for summary judgment. Following a motion hearing, the court granted both motions. The district court granted summary judgment in favor of the State on two separate grounds. First, the court found that the State was entitled to immunity from suit under I.C. § 6-904(7). Second, regardless of immunity, the court found that Woodworth failed to raise a genuine issue of material fact that the State acted negligently. Following the summary judgment ruling, Woodworth reached a settlement with Nampa whereby the City was dismissed from the case. Woodworth filed an appeal with regard to the court’s dismissal of his claim against the State.

II.

ISSUES ON APPEAL

I. Did the district court err in holding the State immune from suit under I.C. § 6-904(7)?

II. Did the district court err by finding that Woodworth failed to present a viable negligence claim against the State?

III.

DISCUSSION

A. Standard of Review.

In reviewing a grant of summary judgment, this Court employs the same standard as used by the district court originally ruling on the motion. Cnty. of Boise v. Idaho Cntys. Risk Mgmt. Program, Underwriters, 151 Idaho 901, 904, 265 P.3d 514, 517 [364]*364(2011). Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” I.R.C.P. 56(c). This Court exercises free review over questions of law. Cnty. of Boise, 151 Idaho at 904, 265 P.3d at 517. “Whether a duty exists is a question of law.” Chavez v. Barrus, 146 Idaho 212, 223, 192 P.3d 1036, 1047 (2008).

B. The State is entitled to governmental immunity under I.C. § 6-904(7).

The district court granted the State’s motion for summary judgment on the ground that the State was immune from Wood-worth’s suit under I.C. § 6-904(7). On appeal, Woodworth contends that the district court erred in applying I.C. § 6-904(7) to this case. Woodworth contends that I.C. § 6-904(7) is not applicable here because his Complaint did not allege that the State negligently planned or designed the Intersection. Rather, Woodworth claims that he sued the State “for its failure to perform any engineering study and to do what the study, if performed, would have shown to be necessary.” Woodworth further contends that the State miseharacterized his argument to the district court as one relating to the design of the Intersection in order to invoke immunity under I.C. § 9-604(7).

In response, the State argues that Wood-worth’s argument fails because “it miseharacterizes the Appellant’s own cause of action and, as a result, mistakenly asserts that Idaho Code § 6-904(7) is not on point.” The State insists that Woodworth’s claims “arise out of the ‘plan or design for the construction or improvement’ of a state highway.” Because the State believes that Woodworth’s claims arise out of the plan or design for the construction or improvement of the Intersection, it contends that it is immune under I.C. § 6-904(7).

The Idaho Tort Claims Act, I.C. §§ 6-901 to 929, “abrogates the doctrine of sovereign immunity and renders a governmental entity liable for damages arising out of its negligent acts or omissions.” Lawton v. City of Pocatello, 126 Idaho 454, 458, 886 P.2d 330, 334 (1994). However, the Act also “preserves the traditional rule of immunity in certain specific situations.” Id. Idaho Code § 6-904(7), entitled Exceptions to Governmental Liability, provides that:

A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which:
(7) Arises out of a plan or design for construction or improvement to the highways, roads, streets, bridges, or other public property where such plan or design is prepared in substantial conformance with engineering or design standards in effect at the time of preparation of the plan or design or approved in advance of the construction by the legislative body of the governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval.

Where a plaintiffs claim arises out of an alleged negligent plan or design on the part of a governmental entity, the entity is entitled to immunity under I.C. § 6-904(7), if the entity can “establish (1) the existence of a plan or design that was (2) either prepared in substantial conformance with existing engineering or design standards or approved in advance of construction by the legislative or administrative authority.” Lawton, 126 Idaho at 459, 886 P.2d at 335.

In this case, the district court correctly applied the immunity test outlined by this Court in Lawton. With respect to the first element, the existence of a plan, the Court relied on the Affidavit of Kevin Sabían, District 3 Traffic Engineer for the Idaho Department of Transportation.1 In his affidavit, Sabían stated that his office researched and reviewed files for plans and designs for the construction and improvement of the Intersection. According to Sabían, the most recent plan developed for the Intersection was Plan 3B29, which was prepared in 1954. [365]*365The district court found the State’s evidence on this element to be uncontroverted.

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Cite This Page — Counsel Stack

Bluebook (online)
298 P.3d 1066, 154 Idaho 362, 2013 WL 1285969, 2013 Ida. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodworth-v-state-ex-rel-idaho-transportation-board-idaho-2013.