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PULLIAM v. COASTAL EMERGENCY SERVICES

Record No. 980659.

509 S.E.2d 307 (1999)

257 Va. 1

Karl B. PULLIAM, Executor of the Estate of Elnora R. Pulliam v. COASTAL EMERGENCY SERVICES OF RICHMOND, INC., et al.

Supreme Court of Virginia.

January 8, 1999.

Attorney(s) appearing for the Case

Charles H. Cuthbert, Jr. (Margaret Cuthbert Broaddus, on briefs), Petersburg, for appellant.

E. Duncan Getchell, Jr. (William G. Broaddus; Joseph P. McMenamin; Robert L. Hodges; Katrina C. Randolph; McGuire, Woods, Battle & Boothe, on brief), Richmond, for appellees.

Amicus Curiae: The Association of Trial Lawyers of America (Mark S. Mandell; Jeffrey R. White, on brief), Washington, DC, in support of appellant.

Amici Curiae: Campaign Virginia; Brian Injury Association of Virginia (Rodney A. Smolla, on brief), Williamsburg, in support of appellant.

Amicus Curiae: The Virginia Trial Lawyers Association (John C. Jeffries, Jr., on brief), Charlottesville, in support of appellant.

Amici Curiae: The Medical "Protective Company; MMI Companies, Inc.; MCV Physicians; Eastern Virginia Medical School (Rodney K. Adams; Kelvin L. Newsome; Anne G. Scher; LeClair Ryan, on brief), Richmond, in support of appellees.

Amicus Curiae: The Medical Society of Virginia (Allen C. Goolsby, III; Robert M. Rolfe, Richmond; Marie Elena Graham, Wilmington, DE; Hunton & Williams, Richmond, on brief), in support of appellees.

Amicus Curiae: American Tort Reform Association (Sherman Joyce; Lissa Astilla, Gretna; Victor E. Schwartz; Mark A. Behrens; Crowell & Moring, Washington, DC, on brief), in support of appellees.

Amicus Curiae: Commonwealth of Virginia (Mark L. Early, Attorney General; Gregory E. Lucyk, Senior Asst. Attorney General, on brief), in support of appellees.

Amici Curiae: Virginia Hospital & Healthcare Association; Virginia Health Care Association; The Virginia Chamber of Commerce; Virginia Manufacturers Association; National Federation of Independent Business/Virginia (Julia Krebs-Markrich, Falls Church; John E. Coffey, Philadelphia, PA; Thomas W. Greeson; Hazel & Thomas, Falls Church, on brief), in support of appellees.

Amici Curiae: The Virginia Insurance Reciprocal; Doctors Insurance Reciprocal (Risk Retention Group) (Judith B. Henry; William O. Quirey, Jr.; Crews & Hancock, on brief), Richmond, in support of appellees.

Present: CARRICO, C.J., and COMPTON, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and POFF, Senior Justice.

CARRICO, Chief Justice.

In this appeal, we are called upon to consider again the constitutionality of the medical malpractice cap imposed by Code § 8.01-581.15.1 We previously upheld the constitutionality of the cap in Etheridge v. Medical Center Hospitals, 237 Va. 87, 376 S.E.2d 525 (1989). Two other issues involving the cap become pertinent if we reaffirm Etheridge. Because we conclude...

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