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LEWISTON, Idaho (AP) — The Idaho Supreme Court has ruled a Second District judge was wrong when he dismissed a malpractice suit against a Lewiston care facility.
The Lewiston Tribune reports (http://bit.ly/1tJuNRn ) the ruling released this past week overturns an earlier ruling by Judge Carl B. Kerrick.
He dismissed a lawsuit that alleged Life Care Center of Lewiston was responsible for the death of 88-year-old Rosamond Mattox. Court records show Mattox fractured her femur in a fall at the facility in 2008 and died from complications associated with the injury.
In the lawsuit, her son accused the facility of providing substandard care. The lawsuit used two expert witnesses, but their affidavits were struck by Kerrick.
The Supreme Court ruled the affidavits of both expert witnesses should not have been dismissed and sent the case back to the lower court.
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Information from: Lewiston Tribune, http://www.lmtribune.com
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