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DEEN v. EGLESTON

No. 09-11458.

597 F.3d 1223 (2010)

Linda DEEN, individually and in her capacity as Temporary Administrator of the Estate of Kenneth Deen, Plaintiff-Appellee, v. Shannon EGLESTON, D.M.D., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 26, 2010.

Attorney(s) appearing for the Case

Morton Gerald Forbes, Scot Vanderver Pool, Forbes, Foster & Pool, Savannah, GA, for Egleston.

Brent J. Savage, Kathryn Hughes Pinckney, William H. Pinson, Jr., Savage, Turner, Pinson & Karsman, Savannah, GA, for Deen.

Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

MARCUS, Circuit Judge:

The central question raised by this appeal is whether a Georgia legislative scheme governing statutes of limitations for tort claims in medical malpractice is rationally related to the state's interest in providing for the health and welfare of its citizens. The district court struck down, under the Equal Protection Clause, a state statute that did not exempt the "legally incompetent" from the general two-year statute of limitations. In so doing...

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