Zylstra v. State

WALTERS, J. pro tern.

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.

I. Nature of the Case

This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Zylstra (Zylstra), was a student and wrestler at Boise State University (BSU). Zylstra brought suit against BSU and the State of Idaho (hereinafter referred to collectively as BSU) alleging…