CHAPMAN v. CARDIAC PACEMAKERS, INC.

No. 14537.

673 P.2d 385 (1983)

105 Idaho 785

Marie CHAPMAN, James Chapman, Clarence Chapman and Myrna Farnsworth, Plaintiffs-Respondents, v. CARDIAC PACEMAKERS, INC., Defendant-Petitioner.

Supreme Court of Idaho.

Rehearing Denied December 29, 1983.


Attorney(s) appearing for the Case

R. Vern Kidwell, Holden, Kidwell, Hahn & Crapo, Idaho Falls, Denise M. Wiley, St. Paul, Minn., for defendant-petitioner.

Isaac McDougall, McDougall & Gardner, Pocatello, Linda Miller Atkinson, Philo, Atkinson, Steinberg, Walker & White, Detroit, Mich., for plaintiffs-respondents.


HUNTLEY, Justice.

The question presented, on certification from the federal district court, is whether, in a wrongful death action, the statute of limitations begins to run from the date of death or from the date of the injury from which death resulted. Heirs of the deceased brought the action alleging death resulted from the placement of a defective cardiac pacemaker in the deceased. The pacemaker was inserted on September 4, 1979, and the alleged failure occurred...

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