Jacobsen v. City of Rathdrum

JOHNSON, Justice.

This is a personal injury case. The primary issue is whether I.C. § 36-1604, Idaho’s 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 Rathd-rum (the city). The child’s 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…