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           201 MAY 12 AH 9*. 12




          IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
                              DIVISION ONE


RONDA SNYDER, individually and as
legal guardian for her minor child B.W.,        No. 68737-9-1

                           Appellant,
                                                UNPUBLISHED OPINION
                      v.



JAMES R. FLETCHER, M.D.,
CAROLINE STAMPFLI, PA-C,
WHITEHORSE FAMILY MEDICINE,
INC., P.S., a Professional Service
Corporation,

                            Respondents.
                                                FILED: May 12, 2014



       Per Curiam— Ronda Snyder, on behalf of her minor daughter B.W., appeals the

dismissal on summary judgment of her medical malpractice action. Citing our Supreme

Court's recent decision in Schroeder v. Weighall.      Wn.2d      , 316 P.3d 482 (2014),

Snyder has filed a motion on the merits to reverse. RAP 18.14(e)(2). In Weighall. the

court held that RCW 4.92.190(2), which abrogated the tolling of the statute of limitations

for minors in medical malpractice actions, is unconstitutional. Respondents concede -

and we agree - that under Weighall, the trial court erred in entering summary judgment.
No. 68737-9-1/2



      Accordingly, we lift the stay previously entered, grant the motion on the merits to

reverse, reverse the order granting summary judgment, and remand the case for further

proceedings.

      Reversed and remanded.




                           FOR THE COURT:
