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Torts Keyed to Dobbs
O’Guin v. Bingham County
Facts
Shaun, Alex, and Frank Jr. O’Guin ate lunch at a summer school program then proceeded to walk home. The children went through an unlocked gate at the back of the schoolyard, through a privately owned empty field, and into an unobstructed landfill pit to play. A section of the pit wall collapsed and crushed Shaun and Alex, killing them. Their bodies were initially discovered by Frank Jr. Their parents sued the County for negligence per se, relying on Idaho statutes and federal regulations which require the County to fence or block access to the landfill when an attendant is not on duty. The trial court granted summary judgment for the County, the O’Guins appealed and won, resulting in a reversal of the trial court’s judgment.
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