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DAVIS v. SUN VALLEY SKI EDUC. FOUNDATION

No. 22771.

941 P.2d 1301 (1997)

130 Idaho 400

Marianna "Muffy" DAVIS, Plaintiff-Respondent, v. SUN VALLEY SKI EDUCATION FOUNDATION, INC., a corporation, Michel Rudigoz, and John Does 1-20, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 1997 Term.

Rehearing Denied August 27, 1997.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for appellants. Jeremiah A. Quane argued.

Hepworth, Lezamiz & Hohnhorst, Twin Falls; Comstock & Bush, Boise; and Breit, Bosch, Levin & Coppola, Denver, CO, for respondent. Bradley A. Levin argued.

JOHNSON, Justice.

This is a ski accident case. We affirm the trial court's grant of a new trial pursuant to I.R.C.P. 59(a)(7) and address certain questions that may arise at the new trial.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

On February 18, 1989, Marianna Davis (Davis) took part in a training session (the training session) for ski racers sponsored by Sun Valley Ski Education Foundation, Inc. (the foundation). The foundation is a non...

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