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DOE v. GARCIA

No. 23608.

961 P.2d 1181 (1998)

131 Idaho 578

John DOE, Plaintiff-Appellant, v. Fred GARCIA, Defendant, and Sisters of the Holy Cross, d/b/a St. Alphonsus Regional Medical Center, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1997 Term.

Rehearing Denied July 8, 1998.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for appellant. Shan Butcher Perry argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondents. Tyra H. Stubbs argued.

JOHNSON, Justice.

This is a negligent hiring and supervision case. We conclude that there are genuine issues of material fact that preclude summary judgment.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Fred Garcia (Garcia) became employed by Sisters of the Holy Cross dba St. Alphonsus Regional Medical Center (the hospital) as a respiratory therapist in September 1987. During the hiring process, the hospital reviewed an application completed...

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