HOENE v. BARNES

No. 18859.

828 P.2d 315 (1992)

121 Idaho 752

Monica Louise HOENE, Plaintiff-Appellant, v. Robert P. BARNES, M.D. Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1991 Term.

March 20, 1992.


Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, Boise, for plaintiff-appellant. Gardner W. Skinner, Jr., argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for defendant-respondent. Gary T. Dance, argued.


JOHNSON, Justice.

This is a medical malpractice case. The only issue presented is whether the trial court was correct in granting summary judgment on the ground that the claimant's out-of-state medical expert was not competent to testify. We conclude that under the unique circumstances of this case, the trial court should not have granted summary judgment.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Dr. Robert P. Barnes, a cardiovascular surgeon...

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