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WHITE v. FISHER

No. 83-106.

689 P.2d 102 (1984)

Theresa WHITE and Crawford White, Appellants (Plaintiffs), v. Alan M. FISHER, M.D.; Phillip Gilbertson, M.D.; and Lutheran Hospital and Homes Society of America, Inc., d/b/a Bishop Randall Hospital of Lander, Wyoming, Appellees (Defendants).

Supreme Court of Wyoming.

October 2, 1984.

Attorney(s) appearing for the Case

Charles E. Hamilton, Western Law Associates, P.C., Riverton, for appellants.

Robert Shively of Murane & Bostwick, Casper, for appellee Bishop Randall Hospital.

Mark W. Gifford of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellees Fisher and Gilbertson.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN, and CARDINE, JJ.

THOMAS, Justice.

The question which we shall address in this opinion is that of the constitutional propriety of the enactment of a statute by the legislature prescribing a rule of procedure in civil actions. In a civil action seeking money damages for medical malpractice the district court applied the provisions of § 1-1-114, W.S. 1977, which prohibit any allegation of the dollar amount of damages in "the ad damnum clause or prayer for damages incorporated in...

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