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MORTENSON v. MILLER

No. 79-255.

99 Wis.2d 209 (1980)

298 N.W.2d 546

Perry J. MORTENSON and Patricia A. Mortenson, Plaintiffs-Appellants-Petitioners, v. Thomas O. MILLER, M.D., and St. Paul Fire & Marine Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 25, 1980.

Attorney(s) appearing for the Case

For the petitioners there was a brief by Richard Bolte Law Offices of Wausau, and oral argument by Richard Bolte.

For the respondents there was a brief by Herbert L. Terwilliger, Mark S. Henkel and Terwilliger, Wakeen, Piehler, Conway & Klingberg, S. C., of Wausau, and oral argument by Mark S. Henkel.

Reversing 92 Wis.2d 905, 287 N.W.2d 853.

SHIRLEY S. ABRAHAMSON, J.

The question on review is whether a claim submitted to a chapter 655 patients compensation panel alleging medical malpractice occurring before and after July 24, 1975, the effective date of chapter 655, tolls the statute of limitations pursuant to sec. 655.04 (6), Stats.

On January 31, 1975, the defendant, Doctor Thomas O. Miller, operated...

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