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UNRUH v. CACCHIOTTI

No. 84707-0.

257 P.3d 631 (2011)

172 Wn.2d 98

Lisa UNRUH, Appellant, v. Dino CACCHIOTTI, d.d.s. and Jane Doe Cacchiotti, husband and wife, and the marital community composed thereof, Respondents.

Supreme Court of Washington, En Banc.

Decided July 21, 2011.

Attorney(s) appearing for the Case

Paul W. Whelan , Stritmatter Kessler Whelan Coluccio, Seattle, WA, Ray W. Kahler , Garth L. Jones , Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, for Appellant.

Christopher Holm Howard , Mary Jo Newhouse , Jennifer Lynn Campbell , Averil Budge Rothrock , Schwabe Williamson & Wyatt PC, Seattle, WA, for Respondents.

Mary H. Spillane , William Kastner & Gibbs, Seattle, WA, amicus counsel for American Medical Association, Physicians Insurance, and Washington State Medical Association.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., Melissa O'Loughlin White , Cozen O'Connor , Herbert Matthew Munson , Thorsrud Cane & Paulich, Aaron Paul Riensche , Ogden Murphy Wallace, PLLC, Seattle, WA, amicus counsel for Washington Defense Trial Lawyers.

Bryan Patrick Harnetiaux , Spokane, WA, George M. Ahrend , Ahrend Law Firm, PLLC, Moses Lake, WA, amicus counsel for Washington State association for Justice Foundation.

STEPHENS, J.

¶ 1 This case concerns the proper interpretation of the 2006 statute of limitations and statute of repose applicable to claims for medical malpractice. Lisa Unruh filed a lawsuit against her orthodontist, Dr. Dino Cacchiotti, alleging that his negligent treatment when she was a minor resulted in her losing her teeth and undergoing extensive implant surgery. Cacchiotti moved for summary judgment under the statute of limitations and prevailed. At the...

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