[Download] "Richard Paul Bingham and Dawn Bingham v." by 17232 Supreme Court of Idaho Nos. 17058 # Book PDF Kindle ePub Free
eBook details
- Title: Richard Paul Bingham and Dawn Bingham v.
- Author : 17232 Supreme Court of Idaho Nos. 17058
- Release Date : January 29, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The parents of Richard Paul Bingham, Jr. (plaintiffs) brought this action against the Idaho Department of Transportation, Snake River Valley School District Number 52 (Snake River), Bingham County, and Cynthia Jo Reed when their son died after he was hit by a truck driven by Ms. Reed. Ms. Reed was driving a potato truck along State Highway 39, adjacent
to the Snake River Valley School, when she accidentally struck Richard Bingham. This appeal reviews the district court's grant of summary judgment to the Transportation Department, as well as the court's grant of partial summary judgment to Snake River.
We affirm the court's grant of partial summary judgment to Snake River, and reverse in part the grant of summary judgment to the Transportation Department. "[I]f the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine
issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law," then the district court's order of summary judgment should be affirmed. Idaho Rule of Civil Procedure 56(c). Moreover, the pleadings and everything
else on file should be liberally construed in favor of the party opposing the summary judgment. Anderson v. City of Pocatello,
112 Idaho 176, 179-180, 731 P.2d 171, 174-175 (1986). With that in mind, we begin by examining the plaintiffs' four claims
against the Transportation Department.