Felicia Nichols v. Willis Godfrey and

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 cover 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 determined there was no genuine issue as to any material facts disclosed by the pleadings, depositions and affidavits, and held that plaintiff at the time of her injury was covered by the Workmen's Compensation Law and her sole remedy was under the provisions of that act. On September 9, 1963, plaintiff Felicia Nichols, a widow, was employed by the State of Idaho, at State Hospital South, Blackfoot, as a recreational, occupational industrial therapist technician. That day, she was working as a psychiatric aid, commencing work at 7:00 o'clock A.M., and completing her shift about 3:00 o'clock P.M., at which time she left the building where she worked. She walked west on a sidewalk on the southerly side of Alice Street, which runs east and west in Blackfoot and into the grounds of State Hospital South.