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ALLEN v. DEPT. OF PARKS AND RECREATION

No. 25929.

36 P.3d 1275 (2001)

136 Idaho 487

Jimmie Wayne ALLEN, Plaintiff-Appellant, and Richard and Jacki Allen, Plaintiffs, v. STATE of Idaho, by and through the DEPARTMENT OF PARKS AND RECREATION, Defendant-Respondent.

Supreme Court of Idaho, Moscow, April 2001 Term.

December 3, 2001.

Attorney(s) appearing for the Case

Randall, Blake & Cox; Scott Chapman, Lewiston, for appellant.

Hon. Alan G. Lance, Attorney General; Roger L. Gabel, Deputy Attorney General, Boise, for respondent.

WALTERS, Justice.

This is an appeal by Jimmie Wayne Allen from the district court's grant of summary judgment in favor of the State of Idaho. The district court held that the State was immune from liability for injuries suffered by Jimmie while fishing in a state Park. We vacate the judgment and remand the case for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On May 31, 1998, Jimmie and his father, Richard Allen, went to Winchester Lake...

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