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DUNLAP BY AND THROUGH DUNLAP v. GARNER

No. 18920.

903 P.2d 1296 (1995)

127 Idaho 599

Alan Lee DUNLAP, a minor, By and Through his parents and guardians, Mark DUNLAP and Nichole Charlene Dunlap, husband and wife, and Mark Dunlap and Nichole Charlene Dunlap, individually, Plaintiffs-Appellants, v. Dr. Lavonne GARNER; Family Health Services Corporation, a non-profit Idaho corporation; Intermountain Health Care, Inc., a Utah corporation doing business in the State of Idaho; Cassia Memorial Hospital and Medical Center, operated by Intermountain Health Care, Inc., and John Does I through X, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, April 1992 Term.

Rehearing Denied November 3, 1995.

Attorney(s) appearing for the Case

Jenkins Law Office, and Beck & Peck, Idaho Falls, for plaintiffs-appellants. David D. Peck argued.

Quane, Smith, Howard & Hull, Boise, for defendant-respondent Dr. Lavonne Garner. Bruce R. McAllister argued.

Hall, Farley, Oberrecht & Blanton, Boise, for defendant-respondent Family Health Services Corp. Raymond D. Powers argued.

St. Clair, Hiller, St. Clair & Dalling, Idaho Falls, for defendant-respondent Cassia Memorial Hosp. William R. Dalling argued.

ON DENIAL OF PETITION FOR REHEARING

BISTLINE, Justice.

In this medical malpractice case, we are called on to determine whether the trial court properly ruled in determining the admissibility of affidavits submitted in a summary judgment proceeding. This question causes us to examine the interplay between I.R.C.P. 56(e)1 and I.C. §§ 6-1012 and 6-1013.2 We conclude that the court erred by...

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