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HAYWARD v. JACK'S PHARMACY INC.

No. 30455.

115 P.3d 713 (2005)

Alfred S. HAYWARD, Personal Representative of the Estate of Delbert Lewis Hayward, deceased, Plaintiff-Appellant, v. JACK'S PHARMACY INCORPORATED; Jack Botts; Chad Brown; Herrold E. Park and Richard K. Thurston, M.D., Co-Personal Representatives of the Estate of W. Dyce Thurston, M.D., Defendants-Respondents, and Valley Vista Care Corporation, a non-profit corporation, d/b/a Valley Vista Care Center, Scott F. Burpee, Jan Burpee and Nancy Renfrew, Defendants.

Supreme Court of Idaho, Boise, April 2005 Term.

June 15, 2005.

Attorney(s) appearing for the Case

Cody Law Office, Coeur d'Alene, and Eymann, Allison, Fennessey, Hunter & Jones, P.S., Spokane, Washington, for appellant. Debra L. Stephens argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for respondents Jack's Pharmacy, Inc., Chad Brown and Jack Botts. Eugene L. Miller argued.

Andrew C. Smythe, Spokane, Washington, argued for Respondent Thurston.

JONES, Justice.

Appellant Alfred Hayward appeals the district court's order of summary judgment, in which the court ruled that his experts did not establish the requisite standards of care to proceed with his professional malpractice claims against his deceased father's physician and pharmacists. We vacate the order and remand the case for further proceedings.

I.

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