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WOOD v. UNIVERSITY OF UTAH MEDICAL CENTER

No. 20000827.

67 P.3d 436 (2002)

2002 UT 134

Marie WOOD and Terry Borman individually and as the natural parents of Mary Lorraine Wood Borman, a minor, Plaintiffs and Appellants, v. UNIVERSITY OF UTAH MEDICAL CENTER, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied April 14, 2003.

Attorney(s) appearing for the Case

Thomas A. Schaffer, J. David Pearce, Salt Lake City, for plaintiffs.

David G. Williams, Rodney R. Parker, Salt Lake City, for defendant.

WILKINS, Justice:

¶ 1 The instant appeal requires us to determine the constitutionality of the Utah Wrongful Life Act, Utah Code Ann. §§ 78-11-23 to -25 (2002), legislation prohibiting a cause of action "based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted." Utah Code Ann. § 78-11-24 (2002). Plaintiffs insist the statute violates the Open Courts...

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