Wickstrom v. North Idaho College
Idaho Supreme Court
1DissentDonaldson, Chief Justice
I dissent to the majority’s analysis and conclusion in Part II of its opinion which purports to allow the plaintiffs to assert a cause of action against the defendants, their instructor and the college, based on an alleged failure to adequately educate the plaintiffs. Whether characterized as being tort or in contract, the factual basis of the plaintiff’s cause of action is the same and is manifestly against public policy.
It is clear from a review of case law on this issue that courts have uniformly refused, based on public policy considerations, to enter the classroom to determine claims…
2Cases cited14 opinions
- Donohue v. Copiague Union Free School DistrictNew York Court of Appeals · 1979
- Peter W. v. San Francisco Unified School DistrictCalifornia Court of Appeal · 1976
- D. S. W. ex rel. R. M. W. v. Fairbanks North Star Borough School DistrictAlaska Supreme Court · 1981
- Paladino v. Adelphi UniversityAppellate Division of the Supreme Court of the State of New York · 1982
- Hoffman v. Board of EducationNew York Court of Appeals · 1979
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