TOMICH v. CITY OF POCATELLO

No. 21004.

901 P.2d 501 (1995)

127 Idaho 394

Todd TOMICH, individually, and Max Tomich, individually, Plaintiffs-Respondents-Cross Appellants, v. CITY OF POCATELLO, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Pocatello, May 1995 Term.

August 23, 1995.


Attorney(s) appearing for the Case

Ward, Maguire & Bybee, Pocatello, for appellant. David H. Maguire argued.

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


JOHNSON, Justice.

This case concerns the destruction of a small airplane in a wind storm at a municipal airport. We conclude the municipality is not entitled to immunity based on the recreational use statute or the tort claims act. We also affirm the trial court's decisions regarding the admission of evidence and jury instructions characterizing the airplane owner as an invitee.

I.

THE BACKGROUND AND PRIOR...

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