White v. Fisher

THOMAS, Justice.

The question which we shall address in this opinion is that of the constitutional propriety of the enactment of a statute by the legislature prescribing a rule of procedure in civil actions. In a civil action seeking money damages for medical malpractice the district court applied the provisions of § 1-1-114, W.S.1977, which prohibit any allegation of the dollar amount of damages in “the ad damnum clause or prayer for damages incorporated in a pleading.” The plaintiffs (appellants in this court) had alleged the dollar amount of their damages, and the district court dismissed…