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WILLIS v. MULLETT

Record No. 011306.

561 S.E.2d 705 (2002)

263 Va. 653

Taylor R. WILLIS, v. James G. MULLETT, M.D., et al.

Supreme Court of Virginia.

April 19, 2002.

Attorney(s) appearing for the Case

Monica L. Taylor (S.D. Roberts Moore; Anthony M. Russell; Gentry, Locke, Rakes & Moore, on briefs), Roanoke, for appellant.

Mark E. Frye; Powell M. Leitch, III (William W. Eskridge; John T. Jessee; Amy Devin; Penn, Stuart & Eskridge; Flippen, Densmore, Morse & Jessee, on briefs), Bristol, for appellees.

Present: CARRICO, C.J., and LACY, HASSELL, KEENAN, KOONTZ, and LEMONS, JJ., and WHITING, Senior Justice.

Opinion By HENRY H. WHITING, Senior Justice.

This appeal involves the constitutionality of a statute that reduces the tolling period provided for infants' tort claims if those claims allege medical malpractice.

I

Code § 8.01-229(A)(2)(a) provides that "[i]f an infant becomes entitled to bring [an] action, the time during which he is within the age of minority shall not be ... counted as any part of the period within which the action must be...

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