Esquivel v. Watters

*293The opinion of the court was delivered by

JOHNSON, J.:

Jesse D. and Michelle Lee Esquivel, the parents of Jadon David Esquivel, deceased, seek review of the Court of Appeals decision affirming the district court’s granting of summary judgment in favor of Dr. Aaron T. Watters, a defendant in the parents’ civil action arising from Jadon’s death. Finding that summary judgment was inappropriate, we reverse.

FACTUAL BACKGROUND

In August 2001, Dr. Watters began prenatal treatment of Michelle at the Ark City Clinic. On November 15, 2001, Michelle used a gift certificate from the Clinic to have a gender…