(Download) "Julie Hawley v. Lawrence E. Green" by Supreme Court Of Idaho ~ Book PDF Kindle ePub Free
eBook details
- Title: Julie Hawley v. Lawrence E. Green
- Author : Supreme Court Of Idaho
- Release Date : January 19, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is a medical malpractice action. Appellant (Hawley) brought suit against respondents (Doctors Green, Matheson, Bennett, Allen and H.C.A. of Idaho) for their alleged failure to diagnose a tumor. The district court granted summary judgment in favor of the defendants on the ground that Hawleys claims were barred by the statute of limitations in I.C. § 5-219(4); the district court also held that, as applied to this case, I.C. § 5-219(4) did not violate the open courts guarantee contained in art. 1, § 18, of the Idaho Constitution, or the equal protection provisions of the Idaho and United States Constitutions. Hawley appeals this order. We affirm the district court ruling with respect to the constitutional claims and reverse in part the grant of summary judgment on the basis that, as to some of the defendants, there is a triable issue of fact as to whether the statute of limitations had run.