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SCHMECHEL v. DILLÉ

No. 35050.

219 P.3d 1192 (2009)

Vaughn SCHMECHEL, individually and as surviving spouse and personal representative of The Estate of Rosalie Schmechel, deceased and Robert P. Lewis, Kim Howard and Tamara Hall, natural children of Rosalie Schmechel, deceased, Plaintiffs-Appellants, v. Clinton DILLÉ, M.D., Southern Idaho Pain Institute, an Idaho corporation, Thomas Byrne, P.A., and John Doe and Jane Doe, I through X, Defendants-Respondents.

Supreme Court of Idaho, Boise, August 2009 Term.

October 26, 2009.

Attorney(s) appearing for the Case

Comstock & Bush, Boise, and Byron V. Foster, Boise, for appellants. Taylor Mossman and David Comstock argued.

Hall Farley Oberrecht & Blanton, P.A., Boise, for respondent Thomas Byrne, P.A. Keely Duke argued. Chris Comstock appeared.

Givens Pursley, LLP, Boise, for respondent Clinton Dillé, M.D. and Southern Idaho Pain Institute. Steven Hippler argued. Will Varin appeared.

HORTON, Justice.

This is an appeal from a district court's decision denying a new trial after it entered judgments on a jury verdict finding that Dr. Clinton Dillé, M.D., and Mr. Thomas Byrne, P.A., were not negligent in their medical treatment of Rosalie Schmechel, who died shortly after coming under their care at the Southern Idaho Pain Institute (SIPI) in 2003. Mrs. Schmechel's surviving spouse and children (collectively referred to as the Schmechels) contend...

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