STEELE v. KOOTENAI MEDICAL CENTER

No. 31010.

136 P.3d 905 (2006)

142 Idaho 919

Arthur B. STEELE, Plaintiff-Appellant, v. KOOTENAI MEDICAL CENTER, Defendant-Respondent, and John T. Giesen, M.D.; John Pike, M.D.; Barry Bergen, M.D.; Scott Magnuson, M.D.; Mary Barr, M.D; Christopher Billingslea, D.O.; A.E. Michalson, M.D.; Peter Semagos M.D.; and North Idaho Imaging Center, Defendants.

Supreme Court of Idaho, Coeur d'Alene, April 2006 Term.

April 21, 2006.


Attorney(s) appearing for the Case

Eymann Allison Fennessy Hunter, Spokane, Washington, for appellant. Timothy B. Fennessy argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for respondent. Patrick E. Miller argued.


EISMANN, Justice.

This is an appeal from the dismissal of a claim against a governmental entity on the ground that the claimant failed to give timely notice of tort claim. Because the claimant died while this appeal was pending, there is also the issue of whether this appeal should be dismissed. We hold that the district court erred in dismissing the claim and therefore decline to dismiss the appeal. We vacate the judgment...

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