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SCHROEDER v. WEIGHALL

No. 87207-4.

316 P.3d 482 (2014)

179 Wn.2d 566

Jaryd SCHROEDER, Appellant, v. Steven WEIGHALL, M.D., and Columbia Basin Imaging, P.C., a Washington corporation, Respondents, and Kadlec Regional Medical Center, Defendant.

Supreme Court of Washington, En Banc.

January 16, 2014.

Attorney(s) appearing for the Case

George E. Telquist , Telquist Ziobro McMillen, PLLC, Richland, WA, for Appellant.

Christopher John Mertens , Miller Mertens & Comfort PLLC, Kennewick, WA, Mary H. Spillane , Daniel W. Ferm , Williams Kastner & Gibbs PLLC, Seattle, WA, for Respondents.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

GORDON McCLOUD, J.

¶ 1 Petitioner Jaryd Schroeder challenges the constitutionality of RCW 4.16.190(2), which eliminates tolling of the statute of limitations for minors in the context of medical malpractice claims. We hold that RCW 4.16.190(2) violates article I, section 12 of the Washington State Constitution, and we therefore reverse the trial court's summary judgment order dismissing Schroeder's medical malpractice action.

FACTS

¶ 2...

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