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KORDUS v. MONTES

No. S-13-0043.

337 P.3d 1138 (2014)

2014 WY 146

Jeff KORDUS and Suzette Kordus, Parents and next friend to JK, a minor child, Appellants (Plaintiffs), v. Leigh A. MONTES, M.D., Appellee (Defendant).

Supreme Court of Wyoming.

November 14, 2014.

Attorney(s) appearing for the Case

Representing Appellants: David B. Hooper and Robert A. Bundy , Hooper Law Offices, P.C., Riverton, Wyoming. Argument by Mr. Bundy.

Representing Appellee: W. Henry Combs, III , Murane & Bostwick, LLC, Casper, Wyoming; Meggan J. Hathaway , Murane & Bostwick, LLC, Cheyenne, Wyoming. Argument by Ms. Hathaway.

Before BURKE, C.J., and HILL, KITE, VOIGT, and DAVIS, JJ.

BURKE, Chief Justice.

[¶ 1] This case involves a medical malpractice claim filed on behalf of J.K., a minor, against Appellee, Leigh A. Montes, M.D. The district court dismissed the complaint, ruling that the cause of action was barred by the two-year statute of limitations contained in Wyo. Stat. Ann. § 1-3-107. J.K. challenges that decision in this appeal. She contends that the statute, as applied to minors, violates the Wyoming Constitution.

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