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O'Guin v. Bingham County6/18/2003
boys as trespassers invoked a standard of willful and wanton conduct that the plaintiffs did not address, even though the County had raised the issue in its reply memorandum. The court held that the negligent infliction of emotional distress claim had not been pled and thus was not before the court. Having dismissed the plaintiffs' common-law negligence claim, the district court determined it unnecessary to decide whether Frank, Jr., had standing under the wrongful death statute. The O'Guins filed a timely appeal.
ISSUES
1. Did the district court err in finding that the children were trespassers as a matter of law?
2. Did the district court err in granting summary judgment on the attractive nuisance claim?
3. Was it error for the court to grant summary judgment on the basis that the O'Guins had not pled a wanton and willful standard, even though the parties substantively litigated the issue?
4. Did the district court err in failing to address the O'Guins' statutory claims, where the court previously found the County had breached its statutory duties?
5. Did the district court err in granting summary judgment on Frank Jr.'s negligent infliction of emotional distress claim?
STANDARD OF REVIEW
A motion for summary judgment should only be granted when all of the facts contained in all the applicable pleadings, depositions, admissions, and affidavits have been construed most favorably to the nonmoving party, and it is clear that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185 (1986). The evidence must be construed in the light most favorable to the party opposing the motion. Thompson v. Pike, 125 Idaho 897, 899, 876 P.2d 595, 597 (1994). In determining a motion for summary judgment, all reasonable inferences must be liberally construed in favor of the non-moving party. G & M Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991).
If the evidence reveals no disputed issues of material fact, then the motion was properly granted. Id. at 900, 876 P.2d at 598. If the evidence is conflicting on material issues, or if reasonable minds could reach different conclusions, summary judgment is not appropriate. Loomis v. City of Hailey, 119 Idaho 434, 436, 807 P.2d 1272, 1274 (1991). A material fact is one upon which the outcome of the case may be different. Rife v. Long, 127 Idaho 841, 849, 908 P.2d 143, 151 (1995)
ANALYSIS
1. The district court correctly held that the O'Guin boys were trespassers on the County property.
A trespasser is a person who goes or remains upon the premises of another without permission or invitation either express or implied. Bicandi v. Boise Payette Lumber Co., 55 Idaho 543, 44 P.2d 1103 (1935). There the Court held:
Anyone who goes upon the private property of another without lawful authority or without permission or invitation, express or implied, is a trespasser to whom the landowner owes no legal duty until his presence is discovered.
Id. at 552, 44 P.2d at 1102. Accord, Huyck v. Hecla Mining Co., 101 Idaho 299, 612 P.2d 142 (1980). On the summary judgment motion, the district court heard evidence that the boys entered onto the County property where a canal intersects Ridge Street. The testimony showed that the site of the landfill was originally fenced back in 1988 and no trespassing signs were installed. The entire landfill was fenced in, except that portion of the fence on Ridge Street that one of the county's witnesses testified was the canal company access to the ditch
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