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FRANKE v. DURKEE

No. 86-0015.

141 Wis.2d 172 (1987)

413 N.W.2d 667

Pearl L. FRANKE, Individually and as Personal Representative of the Estate of Howard Franke, Deceased, Plaintiff-Respondent, v. Paul F. DURKEE, M.D., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 27, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Terry E. Johnson and Peterson, Johnson & Murray, S.C., of Milwaukee, and oral argument by Terry E. Johnson.

For the plaintiff-respondent there was a brief by Thomas J. Basting and Peter B. Kelley and Brennan, Steil, Ryan, Basting & MacDougall, S.C. of Janesville, and oral argument by Thomas J. Basting.

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

EICH, J.

We granted the appellant, Paul F. Durkee, M.D., leave to appeal a nonfinal order denying his motion for summary judgment dismissing this malpractice action. The sole issue is whether the Workers Compensation Act, ch. 102, Stats., is the exclusive remedy for employees injured by the negligence of the employer's in-house medical staff. We answer the question in the affirmative and reverse.1

On review of summary judgments...

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