Strong v. Intermountain Anesthesia

by
Appellants Thomas Strong and Brian Hawk appealed a district court's order dismissing their case pursuant to Idaho Rule of Civil Procedure 41(b) for failing to prosecute, and 40(c) for unjustified inaction for over six months. The case arose out of neuron simulator implant procedures, in which both appellant alleged he received an inappropriate amount of anesthesia from respondents, causing complications after the surgeries. Initially, in 2006, appellants commenced their claims by filing a prelitigation screening with the State Board of Medicine. Several months later, Hawk filed for bankruptcy. The district court stayed the medical malpractice claim until the bankruptcy proceedings had concluded. In 2007, respondents sent appellate counsel a stipulation to bifurcate the case so that Strong's case could proceed. Appellants' counsel did not agree to the bifurcation. Hawk's bankruptcy case closed in 2008. In 2010, respondents moved to lift the stay and dismiss the case for failure to prosecute. Appellants noted that Hawk had not disclosed the present underlying cause of action during his bankruptcy proceedings. The district court granted Appellants sixty days to rectify the bankruptcy matters. Appellants then requested the bankruptcy court to reopen the case and the district court again stayed its proceedings pending the resolution of the disclosure issue in the bankruptcy schedules. In 2013, the bankruptcy trustee ultimately determined that the action was of no value to the bankruptcy estate and reclosed the case. In 2014, respondents filed a renewed motion to dismiss, which was ultimately granted. Because there was no showing of actual demonstrated prejudice, the district court’s dismissal under Rule 41(b) was reversed, but the dismissal under Rule 40(c) was affirmed. View "Strong v. Intermountain Anesthesia" on Justia Law