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DOE v. SISTERS OF THE HOLY CROSS

No. 20876.

895 P.2d 1229 (1995)

126 Idaho 1036

John DOE I, and his father John Doe II, Plaintiffs-Appellants, v. Fred Garcia and Christy Garcia, husband and wife, Defendants, and SISTERS OF THE HOLY CROSS, d/b/a St. Alphonsus Regional Medical Center, Defendant-Respondent.

Court of Appeals of Idaho.

May 16, 1995.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls and Boise, for plaintiffs-appellants. Ronald D. Christian argued.

Cantrill, Skinner, Sullivan & King, Boise, for defendant-respondent. Tyra H. Stubbs argued.

LANSING, Judge.

John Doe I, a minor child ("Doe"), and his father brought this action alleging that Sisters of the Holy Cross, doing business as St. Alphonsus Hospital ("the hospital"), is liable for sexual abuse of Doe inflicted by a former employee of the hospital. Summary judgment was entered in favor of the hospital on the ground that the plaintiffs' damages were not proximately caused by the alleged negligence of the hospital. On appeal the plaintiffs argue that...

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