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BUTZOW v. WAUSAU MEMORIAL HOSPITAL

No. 278.

51 Wis.2d 281 (1971)

187 N.W.2d 349

BUTZOW, Appellant, v. WAUSAU MEMORIAL HOSPITAL and others, Respondents.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Tinkham, Smith, Bliss & Patterson of Wausau, and oral argument by Richard P. Tinkham.

For the respondents there was a brief by Peickert, Anderson, Fisher, Shannon & O'Brien of Stevens Point, for the Wausau Memorial Hospital; by Genrich, Terwilliger, Wakeen, Piehler & Conway of Wausau, for the city of Phillips; and by O'Melia & Kaye of Rhinelander, for Ida Soliday, and oral argument by John F. O'Melia of Rhinelander and Douglas J. Klingberg of Wausau.

HALLOWS, C. J.

Normally, the proper venue of the first cause of action is Price county where the fall on the sidewalk occurred and all the defendants resided, sec. 261.01 (12), Stats.; and the proper venue for the action for malpractice against the Wausau Memorial Hospital is Marathon county, the principal place of business of the hospital, sec. 261.01 (6). Consequently, if sec. 263.041 is applicable, these two causes of action cannot...

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