PEPLINSKI v. HEARN

No. 83-383.

115 Wis.2d 550 (1983)

340 N.W.2d 565

Linda M. PEPLINSKI, Claimant-Respondent, v. Richard F. HEARN, M.D., The Medical Protective Company and Wisconsin Patients Compensation Fund, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided October 13, 1983.


Attorney(s) appearing for the Case

For the respondents-appellants the cause was submitted on the briefs of Zirbel, Howard & Malone, S.C., attorneys, and Kathleen E. Bonville, of counsel, of Milwaukee.

For the claimant-respondent the cause was submitted on the brief of Everson, Whitney, Everson, Brehm & Pfankuch, S.C., attorneys, and Peter J. Hickey and James J. Hinchey, Jr., of counsel, of Green Bay.

Before Scott, C.J., Voss, P.J., and Brown, J.


VOSS, P.J.

Dr. Richard F. Hearn and his insurers appeal from an order dismissing their petition for trial pursuant to sec. 655.19, Stats. The issue before us is whether Hearn's filing of the petition for trial in a county other than the county designated in the submission of controversy tolled the time limits for commencing the action. Since we view the statute to be one of venue, we find that the time limits were tolled upon filing and reverse the trial court's order...

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