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EWING v. STATE, DEPT. OF TRANSP.

No. 34541.

208 P.3d 287 (2009)

John E. EWING and Noreen Ewing, Plaintiffs-Appellants-Cross Respondents, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Coeur d'Alene, April 2009 Term.

May 1, 2009.

Attorney(s) appearing for the Case

Michael J. Verbillis, P.A., Coeur d'Alene, for appellants.

Lopez & Kelly, PLLC, Boise, for respondent. Michael E. Kelly argued.

J. JONES, Justice.

John Ewing appeals from the district court's grant of summary judgment to the Idaho Department of Transportation (ITD) on the basis of Idaho's Recreational Use Statute. Idaho Code § 36-1604. We affirm on other grounds.

I.

In October 2003, ITD awarded a contract to Scarsella Bros., Inc. (Scarsella) for road work to be performed on US-95, from milepost 366.593 to 373.027. The contract specifically

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