Kenneth F. White and Carol S. White v‪.‬

This is a review of a decision of the Idaho Court of Appeals. The Whites appealed the trial court's grant of partial summary
judgment which dismissed their complaint against the University of Idaho on the grounds that the incident complained of was
a battery, thereby entitling the University to immunity under relevant provisions of the Idaho Tort Claims Act. The decision
of the trial court was affirmed by the Court of Appeals. We granted the Whites' petition for review and now affirm. Carol and Kenneth White brought this action as a tort claim against the University of Idaho and Professor Richard Neher,
alleging that Professor Neher, while acting within the course and scope of his employment with the University, struck Mrs.
White, causing her injuries. The district court granted the University's motion for summary judgment, holding that under the
Idaho Tort Claims Act, I.C. § 6-904(3),[Footnote 1] a governmental entity has no liability "for any claim which
. . . [a]rises out of . . . battery" committed by an employee. The district court granted partial summary judgment in favor
of the University and issued a Rule 54(b) certificate, certifying that the partial summary judgment was final and appealable.[Footnote
2]