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RIFE v. LONG

No. 21055.

908 P.2d 143 (1995)

127 Idaho 841

Earl RIFE and Sylvia Rife, husband and wife, individually and in their representative capacity as the parents and natural guardians of Jacob Rife, a minor, Plaintiffs-Appellants, Cross-Respondents, v. Glenn Richard LONG, W.O.M., Inc., American Falls School District No. 381, and John Does I through X, Defendants-Respondents, and City of American Falls, Defendant, and STATE of Idaho acting through the Idaho Transportation Board and Idaho Transportation Department, Defendants-Respondents, Cross-Appellants.

Supreme Court of Idaho, Pocatello, May 1995 Term.

Rehearing Denied January 10, 1996.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Chtd., Pocatello, for appellants. Reed W. Larsen, argued.

Merrill & Merrill, Pocatello, for respondents Long and W.O.M. Stephen S. Dunn, argued.

Quane, Smith, Howard & Hull, Pocatello, for respondent American Falls School District No. 381. Douglas J. Balfour, argued.

Thomsen and Stephens, P.A., Idaho Falls, for respondent State of Idaho Department of Transportation. Alan C. Stephens, argued.

TROUT, Justice.

I.

FACTUAL SUMMARY

In 1988, Jacob Rife (Jacob), a fifth grader at American Falls Middle School, was walking home from school with his friend, Nick Wilkinson (Nick). The boys crossed the soccer field to the southwest of the school, crossed Bannock Avenue, and approached the intersection of Bannock Avenue and Harrison Street. Nick stopped at the curb, while Jacob continued on, stepped off the curb and walked into the rear wheels of...

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