Martin Hayes v. City of Plummer

BURDICK, Justice.

This case concerns an appeal from the Kootenai County Distinct Court’s grant of summary judgment in favor of respondent City of Plummer on Martin and Lynn Hayes’s premises liability claims. The district court ruled that Idaho’s Recreational Use Statute, Idaho Code section 36-1604, provided limited liability protection because the City did not receive “compensation” or “charge” for the use of the land upon which Hayes was injured. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 17, 2011, Martin Hayes (Hayes) 1 was seriously injured after stumbling on uneven ground…