TAMMINEN v. AETNA CASUALTY & SURETY CO.

No. 81-199.

105 Wis.2d 413 (1981)

314 N.W.2d 879

Sue A. TAMMINEN and Leroy Tamminen, Plaintiffs-Appellants, v. THE AETNA CASUALTY & SURETY CO., a foreign corporation, Gundersen Clinic, Ltd., a Wisconsin corporation, Dr. William A. Kisken, and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 17, 1981.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Irving D. Gaines, Maureen S. Komisar, and Irving D. Gaines, S.C., of Milwaukee, and David G. Anderson and Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire.

For the respondents the cause was submitted on the brief of Daniel T. Flaherty and Johns, Flaherty & Gillette, S.C., of La Crosse.

Before Foley, P.J., Dean and Cane, JJ.


CANE, J.

Sue Tamminen appeals from a summary judgment dismissing her medical malpractice claim after the trial court concluded that the statute of limitations barred her action. On appeal, her major issue is: Is there a conflict between sec. 655.04 (6), Stats., which provides that the three-year statute of limitations for medical malpractice actions is tolled until thirty days after the patients compensation panel issues its written decision and, sec. 655.19, Stats...

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