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M.M. v. FARGO PUBLIC SCHOOL DIST. NO. 1

No. 20090121.

783 N.W.2d 806 (2010)

2010 ND 102

M.M. and Thomas Moore, Plaintiffs and Appellants v. FARGO PUBLIC SCHOOL DISTRICT NO. 1 and Eugenia Hart, Defendants and Appellees.

Supreme Court of North Dakota.

June 10, 2010.

Attorney(s) appearing for the Case

Michael W. Unger (argued), Minneapolis, MN, and Craig E. Johnson (appeared), Fargo, N.D., for plaintiffs and appellants.

Ronald H. McLean (argued) and Jane L. Dynes (on brief), Fargo, N.D., for defendant and appellee Fargo Public School District No. 1.

Michael Geiermann, Bismarck, N.D., for defendant and appellee Eugenia Hart.

CROTHERS, Justice.

[¶ 1] M.M. and Thomas Moore appeal from a judgment dismissing their personal injury action against Fargo Public School District No. 1 ("District") and Eugenia Hart. We conclude the district court erred in ruling the recreational use immunity statutes, N.D.C.C. ch. 53-08, barred this personal injury action against the District. We reverse and remand for a new trial.

I

[¶ 2] In May 2004, M.M. was a 15-year-old ninth grade...

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