[DOWNLOAD] "Jared Ambrose v. Buhl Joint School" by Court of Appeals of Idaho # Book PDF Kindle ePub Free

eBook details

Title: Jared Ambrose v. Buhl Joint School
Author : Court of Appeals of Idaho
Release Date : January 08, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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LANSING, Judge This action arose from personal injuries sustained by plaintiff Jared Ambrose, a minor, while he was playing
baseball on a playground owned by the defendant, Buhl Joint School District No. 412. The district court granted summary judgment
dismissing the action on the ground that the school district was exempted from liability by Idaho's Recreational Use Statute,
I.C. § 36-1604. The district court also held that the attractive nuisance doctrine, under which a landowner may
be liable for injuries sustained by a child playing on the landowner's premises notwithstanding the provisions of I.C. §
36-1604, did not apply to the circumstances of Jared's injury. Appellants, Jared Ambrose and his parents, Dean and Susan Ambrose,
argue on appeal that a prima facie showing of all elements of the attractive nuisance doctrine has been presented and that
the judgment therefore should be reversed. We hold that because the application of the attractive nuisance doctrine as adopted
in Idaho is limited to those situations where the child is attracted onto the defendant's land by the instrumentality that
causes the injury, and because such attraction onto the land did not occur in this case, the district court was correct in
granting summary judgment in favor of the school district. I