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HEITZ v. CARROLL

No. 17355.

788 P.2d 188 (1990)

117 Idaho 373

Richard H. HEITZ, as surviving spouse and Personal Representative of the Estate of Mary Jane Heitz, deceased; Richard H. Heitz, Jr., Russel Todd Heitz and Robin Irene Heitz, children and heirs of deceased, Plaintiff-Respondents, v. E.G. CARROLL, M.D., and Mrs. E.G. Carroll, husband and wife, Defendant-Appellants.

Supreme Court of Idaho.

February 27, 1990.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for appellants. Kathryn A. Sticklen argued.

Smith & Peart, Fruitland, and Richter-Wimberley, Spokane, Wash., for respondents. F.G. Fancher argued.

BAKES, Chief Justice.

Plaintiffs/respondents sued defendants/appellants to recover for medical malpractice and for the wrongful death of Mary Heitz. The case was tried, and the jury rendered a verdict for defendants. Plaintiffs then moved for a j.n.o.v. or, in the alternative, for a new trial. The j.n.o.v. motion was denied, but the new trial motion was granted. Defendants appeal the grant of a new trial, alleging, inter...

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