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JACOBSEN v. CITY OF RATHDRUM

No. 16901.

766 P.2d 736 (1988)

115 Idaho 266

Dustin JACOBSEN, a minor child; and Judy L. Hamlin, a single woman, Plaintiffs-Appellants, v. The CITY OF RATHDRUM, Defendant-Respondent.

Supreme Court of Idaho.

September 12, 1988.

Attorney(s) appearing for the Case

Sims, Liesche & Newell, P.A., Coeur d' Alene, for plaintiffs-appellants. W. Corey Cartwright argued.

Hull, Hull & Branstetter, Wallace, for defendant-respondent. Michael K. Branstetter argued.

JOHNSON, Justice.

This is a personal injury case. The primary issue is whether I.C. § 36-1604, Idaho's recreational use statute (the recreational use statute), precludes a claim on behalf of a two-year old child, who suffered irreparable and irreversible brain damage as the result of nearly drowning in a ditch that runs through the city park in Rathdrum (the city). The child's mother asserted claims on behalf of the child premised on the doctrine of attractive...

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