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NUNNALLY v. ARTIS

Record No. 961718.

492 S.E.2d 126 (1997)

Valerie F. NUNNALLY v. Dr. Avis Adriena ARTIS, et al.

Supreme Court of Virginia.

September 12, 1997.

Attorney(s) appearing for the Case

Robert W. Mann; G. Carter Greer (Young, Haskins, Mann & Gregory, Martinsville, on briefs), for appellant.

John T. Jessee, Roanoke; Lynne Jones Blain (Eleanor A. Lasky; N. Reid Broughton, Richmond; Flippin, Densmore, Morse, Rutherford & Jessee, Roanoke; Morris & Morris, Richmond, on brief), for appellees.

Doctors Insurance Reciprocal (Risk Retention Group) (Judith B. Henry; Robin M. Vogel, Richmond; Crews & Hancock, on brief), in support of appellees, amicus curiae.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, LACY, HASSELL, KEENAN and KOONTZ, JJ.

HASSELL, Justice.

I.

In this appeal, we consider whether to overrule our decision in Scarpa v. Melzig, 237 Va. 509, 379 S.E.2d 307 (1989), holding that in an action for wrongful conception, the statute of limitations begins to run when the health care provider negligently performs the ineffective sterilization procedure.

II.

A.

On October 18, 1995, Valerie R. Nunnally filed her motion...

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