Rhodehouse v. Stutts

TROUT, Justice.

This is a medical malpractice case in which the trial court entered summary judgment in favor of the defendant doctor. The trial court found that the doctor’s affidavit submitted by plaintiff was not admissible evidence under I.R.C.P. 56(e) because there was an insufficient foundation to show the doctor’s familiarity with the local standard of care. We affirm the decision of the district court.

I

BACKGROUND AND PRIOR PROCEEDINGS

Plaintiff Cleon Rhodehouse (Rhodehouse) suffered a heart attack on August 9, 1987, and was treated by the defendant, Dr. B. Shields Stutts (Stutts), at…