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SHANE v. BLAIR

No. 28247.

75 P.3d 180 (2003)

139 Idaho 126

Dale and Karen SHANE, husband and wife, Plaintiffs-Appellants, v. Benjamin BLAIR, M.D., and John Does I-V, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 2003, Term.

Rehearing Denied August 14, 2003.

Attorney(s) appearing for the Case

E. Lee Schlender Chartered, Mountain Home, for appellants. E. Lee Schlender argued.

Quane, Smith, Boise, for respondents. Hans A. Mitchell argued.

TROUT, Chief Justice.

This is a medical malpractice case resulting from back surgery performed by Dr. Benjamin Blair (Blair) on Karen Shane (Shane) in Pocatello in January, 1997. Shane appeals the district judge's grant of summary judgment in favor of Blair.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Shane filed suit against Blair in July, 1999, alleging that Blair negligently breached the applicable standard of care in operating on Shane's spine...

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