REYNOLDS v. PORTER

No. 60253.

760 P.2d 816 (1988)

Michelle Roberson REYNOLDS, Petitioner-Plaintiff, v. Warren H. PORTER, M.D., Respondent-Defendant.

Supreme Court of Oklahoma.

July 19, 1988.


Attorney(s) appearing for the Case

James B. Browne, Thomas Wakely, Oklahoma City, for petitioner-plaintiff.

John Wiggins, George W. Paull, Jr., Cynthia L. Sparling, Short, Barnes, Wiggins Margo & Adler, Oklahoma City, for respondent-defendant.

Carolyn S. Thompson, Howard K. Berry, Jr., Gary L. Brooks, Oklahoma City, for amicus curiae Oklahoma Trial Lawyers Ass'n.


OPALA, Justice.

The petitioner, a plaintiff in a medical malpractice action, challenges the constitutionality of the three-year proviso in 76 O.S. 1981 § 18 which limits the scope of recoverable damages when an action is brought more than three years from the date of the injury. She asserts that § 18 violates [1] the Equal Protection Clause of the U.S. Constitution by penalizing only victims of health care providers...

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