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COONSE v. BOISE SCHOOL DIST.

No. 24637.

979 P.2d 1161 (1999)

132 Idaho 803

Emily COONSE, by and through her natural parents, Wade Coonse and Rhonda Coonse, Plaintiffs-Appellants, v. BOISE SCHOOL DISTRICT and School Board of Boise School District, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1999 Term.

May 26, 1999.

Attorney(s) appearing for the Case

Anderson, Kane & Tobiason, Boise, for appellants. Michael J. Kane argued.

Anderson, Julian & Hull, LLP, Boise, for respondents. Brian K. Julian argued.

SILAK, Justice.

This appeal involves a tort action against the Boise School District for an alleged assault which occurred during recess on the playground of Garfield Elementary School.

I.

FACTS AND PROCEDURAL BACKGROUND

In February of 1995, Emily Coonse, then in third grade at Garfield Elementary, walked behind an outbuilding while at recess on the playground. While there, she was allegedly assaulted by a group of older boys. She alleges...

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