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WATTS v. LYNN

No. 19935.

870 P.2d 1300 (1994)

125 Idaho 341

Sandra WATTS, Plaintiff-Appellant, v. Dr. James A. LYNN, Jr., and Available Products, Inc., and Benito Cicioni d/b/a Elbee Chemist, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 1993 Term.

Rehearing Denied April 7, 1994.

Dissenting Opinion on Denial of Rehearing by Bistline, Justice April 7, 1994.

Attorney(s) appearing for the Case

Holland & Hart, Boise, for appellant. Steven B. Andersen, argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for respondent Lynn. Peter C. Erbland, argued.

Quane, Smith, Howard & Hull, Coeur d'Alene, for respondents Available Products and Elbee Chemist. Randall R. Adams, argued.

TROUT, Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

This is a medical malpractice case. In July of 1986, Sandra Watts (Watts) sued her Wallace, Idaho dentist, Dr. James A. Lynn (Lynn), after she suffered medical problems allegedly caused by Lynn's negligence during a root canal procedure performed on or about April 12, 1984. In particular, Watts claimed that Lynn should not have used a tooth filler called "Sargenti Paste."

In her original...

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