O'GUIN v. Bingham County

TROUT, Justice.

Frank and Leslie O’Guin, acting as individuals and as legal guardians of Frank O’Guin Jr. (the O’Guins), appeal the district court’s grant of summary judgment in favor of Bingham County, Bingham County Commissioners and Bingham County Public Works, (collectively the County). Because the district court erred in its determinations regarding the negligence per se claim, we reverse the grant of summary judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

On July 7, 1999, Shaun and Alex O’Guin were killed while playing at the Bingham County landfill. Apparently, a section of the pit wall…