337 P.3d 1138
Wyo.2014Background
- In 2007 twelve-year-old J.K. underwent an appendectomy by Dr. Leigh Montes and suffered complications requiring further treatment.
- A medical malpractice claim was filed with the Medical Review Panel in November 2011; Dr. Montes waived the panel and it entered dismissal in March 2012.
- Appellants filed suit March 22, 2012; defendant moved to dismiss based on the two-year limitations provision in Wyo. Stat. § 1-3-107(a)(ii).
- District court granted dismissal as time-barred; J.K. appealed, arguing the statute violates Wyoming’s Article 1, § 8 (open courts) and equal protection.
- The Wyoming Supreme Court reviewed de novo, concluded the statute and the related exception in § 1-3-114 are unconstitutional as applied to minors, reversed the dismissal, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wyo. Stat. § 1-3-107 (minor-specific shortened malpractice limitation) violates the Wyoming Constitution (Article 1, § 8 open courts) | J.K.: the statute effectively bars minors from access to courts because minors cannot sue on their own and may lose claims if parents/next friends fail to act | Montes: parents/next friends can bring suit during the shortened tolling period, so access is not restricted | The Court: statute (and related carve-out in § 1-3-114) violates Article 1, § 8; reversed dismissal |
| Whether the district court erred in granting motion to dismiss under the unconstitutional statute | J.K.: dismissal relied on an unconstitutional provision so was improper | Montes: dismissal was proper under the statute of limitations | Court: district court erred; case remanded |
Key Cases Cited
- Dye v. Fremont County School Dist. No. 24, 820 P.2d 982 (Wyo. 1991) (minor lacks procedural capacity to sue alone; statute should not bar minor where guardian fails to protect claim)
- Sax v. Votteler, 648 S.W.2d 661 (Tex. 1983) (two-part open-courts test applied; reduced minor malpractice limitations unconstitutional)
- Hoem v. State, 756 P.2d 780 (Wyo. 1988) (statute delaying access to courts can violate equal protection and open courts principles)
- Strahler v. St. Luke’s Hosp., 706 S.W.2d 7 (Mo. 1986) (statutes shortening minors’ malpractice limitations may unfairly bar innocent minors’ claims)
- Piselli v. 75th Street Medical, 808 A.2d 508 (Md. 2002) (limitations that bar minor claims before majority are unreasonable under state open-courts analysis)