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Spokane, Washington  Est. May 19, 1883

Ruling Clears Way For Action Against Nic

Associated Press

North Idaho College had an “operational duty” to warn people about allegedly dangerous gases inside a campus building, a Coeur d’Alene judge says.

First District Judge Gary Haman denied the school’s request for summary judgment against a former business student’s claim that she suffered permanent mental impairment from noxious gases in the Hedlund Building.

“The question presented here is whether or not, once NIC decided to hold classes in the Hedlund Building, the decision to place a warning concerning the allegedly dangerous conditions is a discretionary function,” Haman wrote in last Friday’s decision.

School officials argued that North Idaho College should be immune from liability because such a choice is discretionary. Haman said it is not.

The ruling clears the way for a trial on the complaint filed by Sharon Foster, 57, of Coeur d’Alene. She attended classes in the Hedlund Building from September 1990 to May 1991 and began complaining of “cognitive impairment” on Jan. 30, 1991.

Court records show a clinical neuropsychologist found that Foster “exhibited signs of cognitive impairment which is consistent with exposure to neurotoxic chemicals.”

“I went to bed one night and the whole right side of my body went numb,” Foster said. “I can’t do a lot of things that I used to be able to do.”