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Shane v. Blair6/26/2003
o had purportedly reviewed countless similar cases from Pocatello and spoken with orthopedic surgeons in Pocatello about similar surgeries for over 40 years. Shane also submitted an affidavit from Coleman. Blair objected to the submission of these affidavits. On January 31, 2002, the district judge struck the new affidavits of Esses and Coleman and denied Shane's motion for reconsideration, affirming his previous rulings. Shane appeals.
II. STANDARD OF REVIEW
When reviewing a motion for summary judgment, this Court uses the same standard employed by the trial court when deciding such a motion. Kolln v. Saint Luke's Reg'l Med. Ctr., 130 Idaho 323, 327, 940 P.2d 1142, 1146 (1997). Summary judgment is proper "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." I.R.C.P. 56(c). The burden is on the moving party to prove an absence of genuine issues of material fact. Evans v. Griswold, 129 Idaho 902, 905, 935 P.2d 165, 168 (1997). In addition, we view the facts and inferences in the record in favor of the non-moving party. Id.
We have held that the question of admissibility of affidavits under Idaho Rule of Civil Procedure 56(e) is a threshold question to be analyzed before applying the liberal construction and reasonable inferences rules required when reviewing motions for summary judgment. Rhodehouse v. Stutts, 125 Idaho 208, 211, 868 P.2d 1224, 1227 (1994). The trial court must look at the affidavit or deposition testimony and determine whether it alleges facts, which if taken as true, would render the testimony admissible. Dulaney v. St.Alphonsus Reg. Med. Ctr., 137 Idaho 160, 163, 45 P.3d 816, 819 (2002). When reviewing the trial court's evidentiary rulings, this Court applies an abuse of discretion standard. Dulaney, 137 Idaho at 163-64, 45 P.3d at 819-20. To determine whether a trial court has abused its discretion, we consider whether it correctly perceived the issue as discretionary, whether it acted within the boundaries of its discretion and consistently with applicable legal standards, and whether it reached its decision by an exercise of reason. Sun Valley Shopping Ctr. v. Idaho Power Co., 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991). With these principles in mind, we turn to the issue of whether the district court erred by striking Shane's affidavits and granting summary judgment to Blair.
III. DISCUSSION
The admissibility of expert testimony in a medical malpractice case requires that the expert demonstrate familiarity with the applicable standard of care required of medical professionals in the relevant community at the time of the events giving rise to the lawsuit. I.C. ยงยง 6-1012, -1013. Because Shane submitted affidavits from experts who sufficiently demonstrated their familiarity with the relevant standard of care, the district court abused its discretion by striking the affidavits and granting summary judgment to Blair. We vacate the decision of the district court.
A. Admissibility of Expert Testimony Requires Personal Knowledge
To be admissible in a medical malpractice action, expert testimony must demonstrate the expert's familiarity with the applicable standard of care for a particular profession for the relevant community and time, and the proponent must show the basis for the expert's knowledge. Perry v. Magic Valley Reg. Med. Ctr., 134 Idaho 46, 51, 995 P.2d 816, 821 (2000). An out-of-area expert may obtain knowledge as to the local standard of care by consulting with a local specialist. Perry, 134 Idaho at 51, 995 P.2d at 821. The physicia
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