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ZYLSTRA v. STATE

No. 41421.

337 P.3d 616 (2014)

Samuel J. ZYLSTRA, Plaintiff-Appellant-Cross Respondent, v. STATE of Idaho and Boise State University, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, September 2014 Term.

October 29, 2014.

Attorney(s) appearing for the Case

Geoffrey D. Swindler Spokane , WA and James F. Whitehead , Seattle, WA, attorneys for appellant. James F. Whitehead argued.

Anderson, Julian & Hull, Boise, attorneys for respondents. Phillip J. Collaer , argued.

WALTERS, J. pro tem.

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.

I. NATURE OF THE CASE

This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Zylstra (Zylstra), was a student and wrestler...

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