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EBY BY AND THROUGH EBY v. NEWCOMBE

No. 17400.

780 P.2d 589 (1989)

116 Idaho 838

Jeremy Tyler EBY, a protected person, By and Through his duly appointed and qualified conservators and guardians, Roberta J. EBY and Darrell G. Eby, parents of Jeremy Tyler Eby; and Roberta J. Eby and Darrell G. Eby, individually, Plaintiffs-Appellants, v. L. Raymond NEWCOMBE, Jr., M.D., Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied October 27, 1989.

Attorney(s) appearing for the Case

Webb, Burton, Carlson, Pederson & Webb, Twin Falls, for plaintiffs-appellants. Kenneth L. Pedersen, argued.

Quane, Smith, Howard & Hull, Boise, for defendant-respondent. Richard Stubbs, argued.

BAKES, Chief Justice.

Plaintiffs sued Dr. Newcombe alleging medical malpractice in his diagnosis and handling of plaintiff Jeremy Eby's ailments. The trial court granted defendant's motion for summary judgment finding that the defendant was immune from civil liability under I.C. § 39-1391c. Plaintiffs appeal. We reverse.

I

In early August of 1984, three-year-old Jeremy Eby (Jeremy) became ill and was suffering from vomiting and diarrhea. On...

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