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KASBAUM v. LUCIA

No. 83-2105.

127 Wis.2d 15 (1985)

377 N.W.2d 183

Felix E. KASBAUM, Plaintiff-Respondent, v. Dr. George E. LUCIA and Madison General Hospital, Defendants-Appellants, Dr. Richard A. GRAF, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 3, 1985.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Eugene O. Gehl, Curtis C. Swanson and Paul W. Schwarzenbart and Brynelson, Herrick, Gehl & Bucaida of Madison.

For the defendant-appellant Richard A. Graf the cause was submitted on the briefs of Barbara L. Block and Boardman, Suhr, Curry & Field of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Roy N. Fine and Molbreak Law Office of Madison.

Brief of amicus curiae was filed by William C. Gleisner, III and David L. Nichols and Weiss, Steuer, Berzowski Brady & Donahue of Milwaukee on behalf of the Wisconsin Academy of Trial Lawyers.

Before Gartzke, P.J., Dykman, J., and Eich, J.

EICH, J.

Drs. George Lucia and Richard Graf and Madison General Hospital appeal from an order denying their motions for summary judgment dismissing this medical malpractice action. The issue is whether the trial court lacked jurisdiction because the controversy was not first heard and determined by a patients compensation panel as required by sec. 655.04(1)(b), Stats. We answer the question in the affirmative and therefore reverse.

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