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NEWBERRY v. MARTENS

No. 30967.

127 P.3d 187 (2005)

Frank C. NEWBERRY, Plaintiff-Respondent, v. Laurence L. MARTENS, M.D., Defendant-Appellant, and Twin Falls Clinic and Hospital, and John Doe and Jane Doe, husband and wife, I through X, and Business Entities I through X, Defendants.

Supreme Court of Idaho, Twin Falls, November 2005 Term.

December 30, 2005.

Attorney(s) appearing for the Case

Tolman Law Office, Twin Falls; Gjording & Fouser, PLLC., and Bobbi K. Dominick, of Counsel, Boise, for appellants. Bobbi K. Dominick argued.

Pedersen and Jackson, Twin Falls, for respondent. Kenneth L. Pederson argued.

BURDICK, Justice.

Laurence Martens, M.D. (Dr. Martens) appeals from a district court judgment ordering him to pay damages to Frank C. Newberry (Newberry) for medical malpractice. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

One night while repairing an automobile, Newberry, who was hammering metal on metal, felt something strike his right eye. Newberry immediately felt a burning sensation and saw spots in his field of vision. He was driven to...

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