Parents of deceased pilot, individually and on behalf of pilot’s estate, brought wrongful death action against Idaho Department of Transportation’s Division of Aeronautics and others under negligence per se, special relationship, common law, and contract theories, alleging that Division’s negligent regulation of, or failure to regulate, known ground hazard resulted in pilot’s fatal collision with exhaust stacks on property neighboring municipal airport during runway approach.
The Fourth Judicial District Court granted summary judgment in favor of Division. Parents appealed.
The Supreme Court held that:
- Negligence per se theory asserted under Idaho Tort Claims Act (ITCA) must be evaluated under public duty rule at threshold as part of determining whether tort recovery is allowed under laws of Idaho; overruling Rees v. State, Dept. of Health and Welfare, 143 Idaho 10, 137 P.3d 397;
- Parents failed to establish statutory duty running from Division to pilot;
- Parents failed to establish common law duty running from Division to pilot;
- Division lacked custody and control over pilot necessary to establish special relationship giving rise to duty to protect; and
- Award of attorney fees was not warranted.