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Merrigan v. Epstein6/1/1989
Appellant Nathaniel Merrigan, a minor, through his mother and guardian ad litem, Ms. Bonnie Merrigan, seeks reversal of a summary judgment dismissal in the King County Superior Court of appellant's medical malpractice lawsuit against H. Stephen Epstein, M.D., and Swedish Hospital for personal injuries appellant allegedly suffered at birth. We reverse the trial court.
This case involves the following issues:
1. Whether the trial court erred in granting dismissal on summary judgment of appellant's medical malpractice claim for injuries sustained at birth, based upon the court's determination that the 1986 and 1987 amendments to RCW 4.16.350 (tort reform act) did not alter the absolute 8-years-from-act-or-omission limitation period after which a plaintiff's action is barred;
2. Whether the trial court's conclusion that RCW 4.16.350 and corresponding 1986 and 1987 amendments operate to bar appellant's claim deprives a plaintiff of equal protection of state and federal laws in violation of the fourteenth amendment to the United States Constitution, and article 1, section 12 of the Washington State Constitution; and
3. Whether the trial court's conclusion that RCW 4.16.350 and corresponding 1986 and 1987 amendments operate to bar appellant's claim deprives a plaintiff of a property right in violation of the due process clause of the fourteenth amendment to the United States Constitution and article 1, section 3 of the Washington State Constitution.
Nathaniel Merrigan was born July 30, 1977. Appellant Bonnie Merrigan contends that Dr. H. Stephen Epstein's use of forceps during delivery caused Nathaniel Merrigan severe and permanent injury. The trial court granted defendants' summary judgment motion on the grounds that the 8-year statute of limitations (8-years-from-act-or-omission) under the tort reform act barred the action which was perfected June 3, 1987, when the complaint was filed in the King County Superior Court.
Appellant Bonnie Merrigan argues that this lawsuit was "substantially filed" before the 1986 and 1987 amendments to RCW 4.16.350 became effective (August 1, 1986, and April 29, 1987, respectively) and that the tort reform act therefore does not bar the action. Appellant argues, in the alternative, that even if this court holds that the tort reform act does bar the action because the complaint was
filed after August 1, 1986, the filing nevertheless complies with the applicable 1-year and 8-year limitation periods. Appellant contends that this action was commenced before expiration of the 1-year statute of limitations following imputed knowledge or discovery of the elements of the cause of action, and before expiration of the 8-years-from-act-or-omission limitation period which was tolled under RCW 4.16.190 because of Nathaniel Merrigan's minority and incapacity.
Respondents argue that even if the 8-year bar is not applicable, the action of appellant Merrigan is subject to the 1-year-from-discovery limitation in RCW 4.16.350 since she was appointed guardian ad litem for her son on April 24, 1986. They contend that upon appointment of a guardian ad litem, any disability contemplated by RCW 4.16.190 disappears because the guardian ad litem is specifically appointed by the court to institute legal actions. Consequently, they contend that appellant Merrigan was obligated under RCW 4.16.350 to bring this action within
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