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BAUER v. MINIDOKA SCHOOL DIST. NO. 331

No. 17634.

778 P.2d 336 (1989)

116 Idaho 586

Tregg BAUER, a minor, By and Through his parents and legal guardians, Mark BAUER and Mary Bauer, Husband and Wife, Plaintiffs-Appellants, v. MINIDOKA SCHOOL DISTRICT NO. 331 and Minidoka Board of Education, Defendants-Respondents.

Supreme Court of Idaho.

August 2, 1989.

Attorney(s) appearing for the Case

Jenkins Law Office, Chartered, Idaho Falls, for plaintiffs-appellants. Mr. P. Bruce Palmer argued.

Quane, Smith, Howard & Hull, Twin Falls, for defendants-respondents. Mr. Brian K. Julian of Boise, Idaho, argued.

JOHNSON, Justice.

This is a personal injury case in which summary judgment was granted dismissing the complaint. The first issue presented is whether I.C. § 36-1604 (Supp. 1988), Idaho's recreational use statute (the recreational use statute), precludes a claim for damages by a public school student who was injured on school property shortly before school commenced. The second issue presented is whether there were genuine issues of material fact concerning a...

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