M.M. v. Fargo Public School District No. 1

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 student at Discovery Middle School in Fargo. Hart was M.M.’s history teacher. As part of the curriculum for Hart’s history class, students- could participate in…