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McCALLISTER v. DIXON

No. 38196.

303 P.3d 578 (2013)

154 Idaho 891

Kathleen A. McCALLISTER, in her capacity as the bankruptcy trustee, Plaintiff-Appellant, v. Gordon DIXON, M.D., Blackfoot Medical Clinic, Inc., Defendants-Respondents, and Blackfoot Medical Center, LLC, Defendant.

Supreme Court of Idaho, Boise, September 2012 Term.

February 1, 2013.

Attorney(s) appearing for the Case

Cooper & Larsen, Chartered, Pocatello, attorneys for Appellant, Javier Gabiola argued.

Moffat, Thomas, Barrett, Rock & Fields, Chtd., Pocatello, attorneys for Respondent, Julian Gabiola argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from a district court order dismissing Plaintiff-Appellant (Jerry Doherty) as a party in a medical malpractice action against Respondents (Dr. Gordon E. Dixon and Blackfoot Medical Clinic). The judgment was certified under Rule 54(b) of the Idaho Rules of Civil Procedure on November 24, 2010. The district court, on September 16, 2010, ruled that because Doherty failed to disclose this claim as an...

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