Strong and Hawk v. Intermountain Anesthesia

BURDICK, Justice.

Thomas L. Strong (Strong) and Brian K. Hawk (Hawk) (collectively Appellants) appeal the Bonneville County district court’s order granting dismissal of their case pursuant to Idaho Rules of Civil Procedure 41(b) for failure to prosecute a claim and 40(c) for unjustified inaction for over six months. We affirm in part and reverse in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 25, 2004, both Appellants underwent individual surgical procedures to implant neuron simulators. The surgeries were performed by Catherine Linderman, M.D., at Eastern Idaho Regional Medical Center in…