COOMBS v. CURNOW

No. 35157.

219 P.3d 453 (2009)

Melinda COOMBS, natural mother of Michael Hall, deceased, and The Estate of Michael Hall, as represented by Melinda Coombs, personal representative, Plaintiffs-Appellants, v. Adrian CURNOW, M.D., and Russell Griffiths, M.D., Defendants-Respondents.

Supreme Court of Idaho, Boise, August 2009 Term.

October 13, 2009.


Attorney(s) appearing for the Case

Lojek Law Offices, Chtd., Boise, for appellants. Donald W. Lojek argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for respondents. Patricia M. Olsson and Nancy J. Garrett argued.


J. JONES, Justice.

This is an appeal from the district court's entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants' expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents' motion and that the evidence was legally sufficient to support the jury...

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