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O'GUIN v. BINGHAM COUNTY

No. 30344.

122 P.3d 308 (2005)

142 Idaho 49

Frank and Leslie O'GUIN, husband and wife, individually, and in their capacity as parents and legal guardians of Frank O'Guin, Jr., a minor, Plaintiffs-Appellants, v. BINGHAM COUNTY; Bingham County Commissioners; and Bingham County Public Works, a political subdivision, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2005 Term.

October 3, 2005.

Attorney(s) appearing for the Case

Comstock & Bush, Boise, for appellants. John A. Bush argued.

Anderson, Nelson, Hall & Smith, Idaho Falls, for respondents. Blake G. Hall argued.

TROUT, Justice.

Frank and Leslie O'Guin, acting as individuals and as legal guardians of Frank O'Guin Jr. (the O'Guins), appeal the district court's grant of summary judgment in favor of Bingham County, Bingham County Commissioners and Bingham County Public Works, (collectively the County). Because the district court erred in its determinations regarding the negligence per se claim, we reverse the grant of summary judgment.

I.

FACTUAL AND...

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