Stoner v. Carr

ON REHEARING

McFADDEN, Chief Justice.

The previous opinion issued in this case on December 29, 1975, is withdrawn and this opinion is hereby substituted therefor.

Plaintiffs-appellants, Rose Mary and Thomas Stoner instituted this action against defendants-appellants, Taylor H. Carr, M. D., Community Hospital of Idaho Falls, Inc., and Jane Doe, to recover damages for malpractice. The district court, finding that the action was barred by the statute of limitations, I.C. § 5-219(4), granted a motion to dismiss on behalf of Dr. Carr and the Community Hospital. The plaintiffs appealed.

In their…