Immunity.
Neither the state, nor the office, nor any political subdivision thereof nor other agencies, nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any civil defense, disaster or emergency and the planning or preparation for the same, or disaster or emergency relief activities, acting under proper authority, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or entity under contract with them to provide equipment or work to be used in civil defense, disaster or emergency planning, preparation or relief, while complying with or attempting to comply with this act or any rule or regulation promulgated pursuant to the provisions of the act, shall be liable for the death of or any injury to persons or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this act or under the worker’s compensation law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.
Notes of Decisions
Inama v. Boise Cnty. Ex Rel. Bd. of Commissioners, 63 P.3d 450 (Idaho 2003).
· cites it 30× “Ultimately, Boise County filed a motion for summary judgment seeking to have this action dismissed on the ground that it was immune from liability under Idaho Code § 46-1017 . The district court granted that motion and dismissed this action.”
S. Griffin Constr., Inc. v. City of Lewiston, 16 P.3d 278 (Idaho 2000).
· cites it 10× “The State Disaster Preparedness Act provides immunity for “any person, firm, corporation, or entity under contract with them to provide equipment or work on a cost basis to be used in disaster relief----” I.C. § 46-1017 (emphasis added). Plaintiff-Appellant, Griffin, contends…”
Marty v. State, 786 P.2d 524 (Idaho 1989).
· cites it 10× “" Here, the board of county commissioners did not declare an emergency until June 12, 1984. The governor declared an emergency on June 14, 1984.”
Union Pac. R. Co. v. State of Idaho, 654 F. Supp. 1236 (D. Idaho 1987).
· cites it 4× “disaster relief activities, acting under a declaration by proper authority____” Idaho Code § 46-1017 . Idaho Code § 46-1011 provides that, “[a] local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political…”
Baca v. State, 810 P.2d 720 (Idaho 1991).
· cites it 58× “DOES I.C. § 46-1017 PROVIDE IMMUNITY TO THE IDAHO ARMY RESERVE NATIONAL GUARD? The issue presented is whether I.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.