The opinion
FRIEDLANDER, Judge,
dissenting.
I respectfully dissent from the majority’s affirmance of summary judgment in favor of the appellees.
The majority affirms summary judgment based upon its conclusion that the two-year, occurrence-based statute of limitations in the Medical Malpractice Act is constitutional. In so holding, the majority rejects Martin v. Richey, 674 N.E.2d 1015 (Ind.Ct.App.1997). The Martin panel concluded that the statute of limitations in question runs afoul of the open court guarantee contained in Article 1, § 12 of the Indiana Constitution. I agree with the Martin analysis and conclude that the statute of limitations is unconstitutional. See also Harris v. Raymond, 680 N.E.2d 551 (Ind.Ct.App.1997) (agreeing with Martin that the statute of limitations is unconstitutional).
I would reverse summary judgment upon my conclusion that the occurrence-based statute of limitations in the Medical Malpractice Act is unconstitutional.