Pisut ex rel. Pisut v. Sichelman

RYDER, Chief Judge.

The recent decision of our supreme court in Cates v. Graham, 451 So.2d 475 (Fla.1984), gives us excellent guidance in deciding the ease sub judice. Yet, this matter presents facts which make difficult our decision regarding the constitutionality of section 95.11(4)(b), Florida Statutes (1977).1 On October 15, 1982, Robin Pisut, a minor, and her mother, Lavere Pisut, filed suit against numerous health care providers including Drs. Alan K. Sichelman and Paul F. Wallace. Only three counts of the multi-count complaint are the subject of this appeal.

Count I alleged that on…