RUDD v. MERRITT

No. 27748.

66 P.3d 230 (2003)

138 Idaho 526

Wayne "Skip" & Kristine RUDD, individually and as administrators of the Estate of Derreck Rudd, and Daniel Rudd, a minor, Plaintiffs-Appellants, v. W. Davis MERRITT, III, M.D.; Saint Alphonsus Regional Medical Center; Edward A. Draper, M.D. And John Q. Knochel, M.D., Defendants-Respondents, and John Does I-V, Defendants.

Supreme Court of Idaho, Boise, January 2003 Term.

February 26, 2003.


Attorney(s) appearing for the Case

Dial, May & Rammell, Chtd, Pocatello, for appellants. Bron M. Rammell argued.

Brassey, Wetherell, Crawford & McCurdy, Boise, for respondent W. Davis Merritt, III, M.D. Andrew C. Brassey argued.

Givens Pursley, LLP., Boise, for respondent Saint Alphonsus Regional Medical Center. David R. Lombardi argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent Edward A. Draper, M.D. Patricia M. Olsson argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondent John Q. Knochel, M.D. Richard E. Hall argued.


EISMANN, Justice.

This is an appeal from judgments dismissing this action as to all of the Defendants because of the failure of the Plaintiffs to serve the summons and complaint upon the Defendants within the six-month period required by Rule 4(a)(2) of the Idaho Rules of Civil Procedure. The district court held that the Plaintiffs had failed to show good cause for failing to serve the summons and complaint timely, and we affirm.

I. FACTS AND PROCEDURAL HISTORY...

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