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LUNDGREN v. CITY OF McCALL

No. 18576.

817 P.2d 1080 (1991)

120 Idaho 556

Adam T. LUNDGREN, Plaintiff-Appellant, v. CITY OF McCALL, Idaho, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1991 Term.

Rehearing Denied October 1, 1991.

Attorney(s) appearing for the Case

Lojek & Gabbert, Chartered, Boise, for plaintiff-appellant. Donald W. Lojek argued.

Cantrill, Skinner, Sullivan & King, Boise, for defendant-respondent. Frank P. Kotyk argued.

BISTLINE, Justice.

On July 4, 1986, the appellant Lundgren went to McCall, Idaho, to watch the city's fireworks. Many of the people gathered for the event were drinking beer and setting off illegal fireworks. That evening Lundgren was struck in the right eye with what he believes was a bottle rocket, and as a result he lost all sight in that eye. Lundgren brought a suit against the city of McCall based on the Idaho Tort Claims Act and 42 U.S.C. § 1983. Lundgren...

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