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HAWLEY v. GREEN

No. 17591.

788 P.2d 1321 (1990)

117 Idaho 498

Julie HAWLEY, Plaintiff-Appellant, and Lanny Hawley, Plaintiff, v. Lawrence E. GREEN, M.D.; David Matheson, M.D.; David W. Bennett, M.D.; George R. Allen, M.D.; HCA of Idaho, Inc., dba West Valley Medical Center; and John Does I through IV, Defendants-Respondents.

Supreme Court of Idaho.

March 19, 1990.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for defendants-respondents Matheson, Bennett and Allen. Gerald T. Husch, argued.

Gigray, Miller & Downen, Caldwell, for defendant-respondent HCA of Idaho, Inc. Ronald J. Wilper, argued.

Evans, Keane, Koontz, Boyd, Simko & Ripley, Boise, for plaintiff-appellant. Betty H. Richardson, argued.

Howard & Owens, Coeur d'Alene, for amicus curiae Idaho Trial Lawyers Ass'n. R. Bruce Owens, argued.

Quane, Smith, Howard & Hull, Boise, for defendant-respondent Green. Kathryn A. Sticklen, argued.

BAKES, Chief Justice.

This is a medical malpractice action. Appellant (Hawley) brought suit against respondents (Doctors Green, Matheson, Bennett, Allen and H.C.A. of Idaho) for their alleged failure to diagnose a tumor. The district court granted summary judgment in favor of the defendants on the ground that Hawley's claims were barred by the statute of limitations in I.C. § 5-219(4); the district court also held that, as applied to this case, I.C. § 5...

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