Zylstra v. Boise State UniversityAnnotate this 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 was a student and wrestler at Boise State University (BSU). Zylstra brought suit against BSU and the State of Idaho alleging BSU employees negligently allowed him to continue wrestling after he was injured during a tournament. On motion by BSU, the district court granted summary judgment on the issue of causation, but denied summary judgment as to BSU's statute of limitations arguments. Notwithstanding the denial in part, the partial grant of summary judgment provided adequate grounds to dismiss Zylstra's action. Zylstra appealed the district court's decision to strike two expert affidavits offered in opposition to BSU's summary judgment motion and also alleged judicial bias. BSU cross-appealed the district court's denial of summary judgment on the statute of limitations issue. Finding no reversible error, the Supreme Court affirmed.