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MALUKA v. TUCKER

No. 83-275.

117 Wis.2d 1 (1983)

343 N.W.2d 407

Bonnie J. MALUKA and Robert C. Maluka, Plaintiffs-Respondents, v. Glen M. TUCKER, D.D.S., M.D., and Wisconsin Patients Compensation Fund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 7, 1983.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Zirbel, Howard & Malone, S.C., with Irving W. Zirbel of counsel, of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the briefs of Schulz & Schapekahm, S.C., with Kevin Kennan and Richard H. Schulz of counsel, of Milwaukee.

Before Wedemeyer, P.J., Decker and Moser, JJ.

MOSER, J.

On its own behalf and on behalf of Glen M. Tucker, D.D.S., M.D. (Dr. Tucker), the Wisconsin Patients Compensation Fund (WPCF) appeals from an order granting Bonnie J. and Robert C. Maluka (the Malukas) a new trial on their claim of medical malpractice. WPCF asserts on this appeal that the trial court abused its discretion in granting the Malukas a new trial and in not remanding to the Wisconsin Patients Compensation...

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