Evans v. State

PERRY, Judge.

Scot Evans and Sandra Evans appeal from a judgment in favor of the State of Idaho, d/b/a Lava Hot Springs Foundations, which was entered following a jury verdict. The Evanses also appeal from the district court’s denial of their motion for judgment notwithstanding the verdict and their motion for new trial. Lastly, the Evanses appeal from the district court’s award to the state of certain discretionary costs. We affirm in part, reverse in part, and remand for further proceedings.

I

BACKGROUND

In August 1994, Scot Evans and Sandra Evans visited the Lava Hot Springs swimming facility.…