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LANDVIK BY LANDVIK v. HERBERT

No. 22330.

936 P.2d 697 (1997)

130 Idaho 54

Jilynn LANDVIK, a minor by Dan Landvik and Debbie LANDVIK, her guardians ad litem, and Dan Landvik and Debbie Landvik, individually, Plaintiffs-Appellants-Cross-Respondents, v. Victor HERBERT dba Bicycle City and Victor Herbert, individually, Defendant-Respondent-Cross-Appellant, and Aden Martin, individually, Westwood Mall Associates, a partnership, Isaac Bernstein, Isaac Perlstein, Martin Friedman, Fischel Bernstein, Munkas Tora Academy, individually and as partners in Westwood Mall Associates and Does I through XX, Defendants.

Court of Appeals of Idaho.

April 24, 1997.

Attorney(s) appearing for the Case

McDevitt, Meyers & Thomsen, Pocatello, for appellants. M. Jay Meyers argued, Pocatello.

Quane, Smith, Howard & Hull, Pocatello, for respondents. Kumen L. Taylor argued, Pocatello.

LANSING, Judge.

Jilynn Landvik appeals from an order granting summary judgment to Victor Herbert on Landvik's claim that as a result of Herbert's alleged negligence, she was injured while attending a concert.

I. FACTS AND PROCEDURAL HISTORY

Victor Herbert owns and operates Bicycle City, a retail store in Pocatello which sells, among other things, bicycles and skateboards. Bicycle City also operates a "skate park" where people can engage in skateboarding...

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