Lewis v. Estate of Smith , 111 Idaho 755 ( 1986 )

SHEPARD, Justice,

dissenting.

I dissent on the same basis and for the same reasons expressed in Jones v. St. Maries, 111 Idaho 733, 727 P.2d 1161 (1986). I further point out that the majority in the instant case errs more grievously than in Jones. Here the circumstances clearly reveal the performance of a regulatory function by a governmental entity, which circumstances were clearly held not to support a cause of action under the Federal Tort Claims Act. United States v. Varig Airlines, 692 F.2d 1205 (9th Cir.1982), rev., 467 U.S. 797, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984).