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BYBEE v. GORMAN

No. 40887.

335 P.3d 14 (2014)

Scott and Meri BYBEE, husband and wife, Plaintiffs-Appellants, v. Patrick D. GORMAN, M.D., Defendant-Respondent, and Fred Meyer Pharmacy, Fred Meyer Stores, Inc., and John Doe Persons I through V, Defendants.

Supreme Court of Idaho.

September 19, 2014.

Attorney(s) appearing for the Case

Nalder Law Office, P.C., Idaho Falls, for appellants. G. Lance Nalder argued.

Quane Jones McColl, PLLC, Boise, for respondent. Terrence S. Jones argued.

HORTON, Justice.

This appeal arises from a medical malpractice claim brought by Scott and Meri Bybee against Dr. Patrick Gorman. The district court granted Dr. Gorman's motion for summary judgment after concluding that the Bybees' medical expert had failed to show adequate familiarity with the applicable standard of health care practice in the relevant community as required by Idaho Code sections 6-1012 and 6-1013, rendering his opinion inadmissible. We vacate the...

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