Kathleen A. McCallister v. Gordon Dixon, MD

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 asset in his Chapter 13 bankruptcy proceeding, he was judicially estopped from pursuing this claim against Respondents. The district court…