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eBook details

• Title: Dustin Jacobsen v. City Rathdrum
• Author : Supreme Court Of Idaho
• Release Date : January 12, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This is a personal injury case. The primary issue is whether I.C. § 36-1604, Idahos recreational use statute (the recreational use statute), precludes a claim on behalf of a two-year old child, who suffered irreparable and irreversible brain damage as the result of nearly drowning in a ditch that runs through the city park in Rathdrum (the city). The childs mother asserted claims on behalf of the child premised on the doctrine of attractive nuisance and on the wilful and wanton maintenance by the city of a dangerous condition in the park. We reverse the summary judgment granted by the trial court dismissing the complaint and hold that a owner may be liable for wilful or wanton conduct that causes injury to a person using the owners land for recreational purposes. We conclude that there are genuine issues of material fact regarding the citys maintenance of a dangerous condition in the park that made it inappropriate to grant summary judgment as to the wilful and wanton conduct of the city. We affirm the trial courts granting of summary judgment on the issue of attractive nuisance, since we conclude that the facts presented in opposition to the motion do not support the application of the doctrine. We also hold that no showing of specific intent to use property for recreational uses is necessary for the application of the recreational use statute.

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