JONES v. HEALTHSOUTH TREASURE VALLEY HOSP.

Nos. 33905, 33907, 33908.

206 P.3d 473 (2009)

Michael Anthony JONES, individually and as guardian ad litem for RHYS Alexander Jones (DOB 8/20/99) and Moira Eibhlin Jones (DOB 7/04/02), Plaintiffs-Appellants-Cross Respondents, and Lynne Royer, as natural mother of Lori Marie Jones, deceased, and Kim Royer, as step-father of Lori Marie Jones, deceased, husband and wife, and Harold Bowers, Plaintiffs-Cross Respondents, v. HEALTHSOUTH TREASURE VALLEY HOSPITAL, Defendant-Respondent-Cross Appellant, and Anesthesiology Consultants of Treasure Valley, PLLC, Deborah Jenkins, M.D., Thomas Lark, M.D., B & B Autotransfusion Services, Inc., an Idaho corporation, Haemonetics Corporation, a Massachusetts corporation; and John Does I through V, Defendants. Lynne Royer, as natural mother of Lorie Marie Jones, deceased, Plaintiff-Appellant, and Michael Anthony Jones, individually and as guardian ad litem for RHYS Alexander Jones (DOB 8/20/99) and Moira Eibhlin Jones (DOB 7/4/02), and Kim Royer, as step-father of Lori Marie Jones, deceased, and Harold Bowers, Plaintiffs, v. Healthsouth Treasure Valley Hospital, Defendant-Respondent, and Anesthesiology Consultants of Treasure Valley, PLLC, Deborah Jenkins, M.D., Thomas Lark, M.D., B & B Autotransfusion Services, Inc., an Idaho corporation, Haemonetics Corporation, a Massachusetts corporation, and John Does I through V, Defendants. Harold Bowers, Plaintiff-Appellant, and Michael Anthony Jones, individually and as guardian ad litem for RHYS Alexander Jones (DOB 8/20/99) and Moira Eibhlin Jones (DOB 7/4/02), Lynne ROYER, as natural mother of Lori Marie Jones, deceased, and Kim Royer, as step-father of Lori Marie Jones, deceased, husband and wife, Plaintiffs, v. Healthsouth Treasure Valley Hospital, Defendant-Respondent, and Anesthesiology Consultants of Treasure Valley, PLLC, Deborah Jenkins, M.D., Thomas Lark, M.D., B & B Autotransfusion Services, Inc., an Idaho corporation, Haemonetics Corporation, a Massachusetts corporation, and John Does I through V, Defendants.

Supreme Court of Idaho.

January 30, 2009.


Attorney(s) appearing for the Case

Hepworth, Lezamiz & Janis, Chtd., for appellants. John Joseph Janis, Boise, argued.

Powers Thomson, P.C., Boise, for Respondents. Raymond D. Powers argued.

Comstock & Bush, Boise, for cross respondents, appellant Royer.

Mahoney Law, PLLC, Boise, for cross respondents, appellant Bowers.


BURDICK, Justice.

This case requires the Court to consider whether a hospital can be found vicariously liable for the negligence of an independently contracted cell saver technician under Idaho's doctrine of apparent agency. Appellants/Cross-Respondents Michael Anthony Jones, individually and as guardian ad litem for Rhys Alexander Jones and Moira Eibhlin Jones; Lynne Royer, as natural mother of Lori Jones, deceased; and Harold Bowers, as natural father of Lori Jones...

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