On remand, Hart settled, and the case was tried to the jury only against the District. The Supreme Court concluded the court erred in ruling the recreational use immunity statutes barred the action against the District and erred in excluding certain evidence from the jury in the action against Hart, and we reversed and remanded for a new trial. The district court dismissed the action against the District as a matter of law, and a jury returned a verdict in favor of Hart. brought a personal injury action against the District and Hart. In May 2004, M.M., a 15-year-old student at Discovery Middle School in Fargo, was seriously injured while practicing a bike stunt in the school auditorium in preparation for '60s Day, part of the curriculum for Hart's history class. Petitioner Thomas Moore appealed a judgment that dismissed his claim for medical expenses incurred by his son, M.M., in their personal injury action against Fargo Public School District No.
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