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CLARK v. KLEIN

No. 26652.

45 P.3d 810 (2002)

137 Idaho 154

Debra CLARK, individually and as personal representative of the Estate of Corey Ayres, Allen Ayres, and Estate of Corey Ayres, Plaintiffs-Appellants, v. Frederick J. KLEIN, M.D., Defendant-Respondent, and St. Alphonsus Regional Medical Center, Defendants.

Supreme Court of Idaho, Boise, December 2001 Term.

Rehearing Denied May 2, 2002.

Attorney(s) appearing for the Case

Lojek Law Offices, Boise, for appellant Clark. Donald W. Lojek argued.

Jim C. Harris, Boise, for appellant Ayres.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent. Joseph D. McCollum, Jr. argued.

TROUT, Chief Justice.

This is an appeal from a medical malpractice action by Debra A. Clark (Clark) and Allen Ayres (Ayres) (collectively "Appellants") involving the death of their son, Corey Ayres, in which a jury rendered a verdict in favor of Respondent Fredrick J. Klein, M.D. (Klein). We reverse and remand for a new trial.

I.

FACTUAL AND PROCEDURAL HISTORY

During the late evening of August 3, 1997, or early morning of August 4, 1997...

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