Mina Wright v. James Yackley

Appellant here appeals from dismissal of a medical malpractice action. She brought the action in the District Court for the District of Idaho and asserted jurisdiction on grounds of diversity of citizenship.

While a resident of South Dakota appellant had been treated by appellee, a South Dakota doctor, and at his direction was taking drugs acquired by prescriptions permitting unlimited refills. She moved from South Dakota to Idaho and, four months after appellee had last treated her, she sought to have the prescriptions refilled at an Idaho drugstore on the basis of copies of the prescriptions issued by a South Dakota drugstore. The druggist advised her that to continue to honor unlimited refill prescriptions he would require confirmation of the prescriptions from the doctor. Appellant then wrote appellee, and at her request (without charge) appellee furnished copies of the original prescriptions. This satisfied the druggist. Appellant alleges that eventually she was injured by use of the drugs.

The District Court dismissed the action for lack of jurisdiction over the person of the defendant-appellee. On appeal the question presented is whether Idaho’s long-arm statute provided…