Facts: Petitioner Lisa Unruh filed a medical malpractice action against respondent Dino Cacchiotti, her former orthodontist, in the Superior Court for Grant County, claiming that his negligent treatment of her when she was a minor was the cause of tooth loss she subsequently suffered as an adult.  The trial court granted summary judgment for Cacchiotti, ruling that Unruh’s claim was barred by the statute of limitations.  Unruh appealed the trial court’s decision, asserting that the statute of limitations tolled while she was a minor pursuant to Washington Revised Code §4.16.190 and was extended for 90 days pursuant to Washington Revised Code §7.70.100(1) by her serving Cacchiotti with notice of her intent to sue and for one year pursuant to Washington Revsised Code §7.70.110 by her request for mediation.  The Washington Court of Appeals certified the case to the Supreme Court of Washington.

Question(s):  Does the 2006 amendment to §4.16.190 eliminating tolling of the statute of limitations for minors in medical malpractice cases apply retroactively to bar Unruh’s claim?

If not, did Unruh’s service of notice of her intent to sue and her request for mediation extend the statute of limitations?

Does Washington Revised Code §4.16.350(3)’s eight year statute of repose apply retroactively to bar Unruh’s claim?

Conclusion:  Justice Stephens’ opinion for a unanimous Court reversed the trial court and remanded the case for trial, concluding that Unruh’s claim is not barred by the statute of limitations insofar as the 2006 amendment to §4.16.190 eliminating tolling of the statute of limitations for minors in medical malpractice cases applies from the date of its enactment and does not apply retroactively.  The Court also held that Unruh was not precluded from extending the statute of limitations by invoking multiple statutory provisions and that Unruh’s service of notice of her intent to sue and her request for mediation therefore both extended the statute of limitations.  Finally, the Court found that Unruh’s claim is also not barred by §4.16.350(3)’s eight year statute of repose as §4.16.350(3) does not apply retroactively from its enactment in 2006.

Docket No. 84707-0 (from Grant Case No. 07-2-01238-5)

Appellant: Lisa Unruh

(Counsel: Paul W. Whelan, Ray W. Kahler, and Garth L. Jones)

Respondent: Dino Cacchiotti

(Counsel: Christopher Holm Howard, Mary Jo Newhouse, Jennifer Lynn Campbell, and Averil Budge Rothrock)

Briefs:

Argument: Tuesday, February 8, 2011 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, July 21st, 2011

Prevailing Party: Lisa Unruh (Appellant)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers

Owens

Fairhurst

Johnson

Stephens
(Majority)

Wiggins