Daniel H. Lundbeck and Irene Lundbeck v‪.‬

On March 26, 1970, Daniel H. Lundbeck was a passenger in an automobile traveling east on Interstate 90 near Fourth of July Pass in Kootenai County. The automobile slid on a patch of ice and crashed. As a result of the accident Lundbeck suffered permanent, partial paralysis. Lundbeck filed a claim on November 19, 1970, with the State Board of Examiners seeking compensation for his injuries; the Board denied this claim on February 16, 1971. Lundbeck then filed suit on March 24, 1971, against the State of Idaho by and through the Department of Highways and its directors (respondents) alleging that the respondents negligently failed to sand this icy area and that it should have known the particular portion of Interstate 90 tended to be icy. The complaint also alleged that the respondent failed to post any warnings even though it had been advised to sand the highway and that it knew accidents occurred frequently at this location. By this action Lundbeck sought compensation for his personal injuries. The respondents moved for summary judgment contending that the state was immune to tort liability unless it had been covered by insurance and that the accident occurred prior to the prospective abolition of sovereign immunity as announced in Smith v. State, 93 Idaho 795, 473 P.2d 937 (1970). The trial court granted summary judgment in favor of respondents from which this appeal is taken.