Dunlap by and Through Dunlap v. Garner

ON DENIAL OF PETITION FOR REHEARING

BISTLINE, Justice.

In this medical malpractice case, we are called on to determine whether the trial court properly ruled in determining the admissibility of affidavits submitted in a summary judgment proceeding. This question causes us to examine the interplay between I.R.C.P. 56(e) 1 and I.C. §§ 6-1012 and 6-1013. 2 We conclude that the court erred by ruling that the affidavits were inadmissible at the summary judgment hearing. Accordingly, we reverse the court’s order granting summary judgment and remand for further proceedings.

BACKGROUND

Dr. Lavonne Garner…