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GUBLER BY AND THROUGH GUBLER v. BRYDON

No. 19850.

867 P.2d 981 (1994)

125 Idaho 107

John K. (Jake) GUBLER, a minor child, By and Through his parents and guardians, John GUBLER and Kellie Gubler, Plaintiffs-Appellants, v. William L. BRYDON, M.D.; Creighton A. Hardin, M.D., Defendants-Respondents, and Bannock Regional Medical Center; and Eastern Idaho Clinical Pathology Laboratory, Defendants.

Supreme Court of Idaho, Idaho Falls, September 1993 Term.

January 19, 1994.

Attorney(s) appearing for the Case

Jenkins Law Office, Chartered, Idaho Falls, for appellants. Gordon W. Jenkins, argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondents. Raymond D. Powers, argued.

McDEVITT, Chief Justice.

BACKGROUND AND PROCEDURE

On April 22, 1986, John and Kelly Gubler ("the Gublers") filed a lawsuit against Roger W. Boe, M.D., ("Dr. Boe") and the Pocatello Children and Adolescent Clinic, P.A., ("PCAC") for alleged medical malpractice in the treatment of their minor child John K. Gubler ("Gubler"). The district court dismissed the case on the third day of trial because the Gublers failed to make a prima facie case of liability...

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