BISMARCK, N.D. (AP) — North Dakota's Supreme Court has revived a lawsuit filed by the father of a 5-year-old boy who was hurt when he fell off a diving board.
The youngster suffered a broken jaw and six broken teeth when he fell at Bismarck's Hillside Pool in July 2006. Court documents say the boy was running on the diving board and fell about 10 feet onto concrete.
The boy's father, Corey Botner, argued the city park district didn't provide proper supervision at the pool, and said the diving board should have had longer guard rails.
A district judge threw out the lawsuit, but the Supreme Court ruled Tuesday that Botner may take his case to a jury.
The injured boy was one of a group of children who were brought to the pool by a daycare provider.