SCHUSTER v. ALTENBERG

No. 87-0115.

144 Wis.2d 223 (1988)

424 N.W.2d 159

Gwendolyn SCHUSTER and Robert Schuster, Plaintiffs-Appellants, v. Barry M. ALTENBERG, M.D., Chubb Insurance Group and Wisconsin Patient Compensation Fund, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 1, 1988.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in court of appeals) by Gregory Van Remmen and Albert, Jude & Van Remmen, S.C., Racine, and oral argument by John Albert.

For the defendants-respondents there was a brief (in court of appeals) by Donald R. Peterson, Janet E. Kolar and Peterson, Johnson & Murray, S.C., Milwaukee, and oral argument by James T. Murray, Jr.


LOUIS J. CECI, J.

This case is before the court on certification from the court of appeals, pursuant to sec. (Rule) 809.61, Stats. The appellants, Gwendolyn and Robert Schuster, appeal from a judgment of the trial court granting the motion of respondents, Barry M. Altenberg, M.D., Chubb Insurance Group, and the Wisconsin Patient Compensation Fund, for judgment on the pleadings.

Due to the fact that judgment on the pleadings was granted, the facts presented...

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