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EBY v. KOZAREK

No. 88-0930.

147 Wis.2d 232 (1988)

432 N.W.2d 678

Robert C. EBY, Plaintiff-Appellant, v. J.P. KOZAREK, M.D., and Madison Radiologists, S.C., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 26, 1988.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Raymond E. Schrank, II, and Schrank Law Offices, of Madison.

For the defendants-respondents the cause was submitted on the brief of Curtis C. Swanson and Edith F. Merila and Axley Brynelson, of Madison.

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

SUNDBY, J.

On this appeal under the medical malpractice mediation system, ch. 655, subchapter VI, sec. 655.42 to 655.61, Stats., we decide that failure of a claimant to file a request for medication within fifteen days after the date of filing an action in court, does not deprive the trial court of its competency to exercise its jurisdiction to proceed with the action. We therefore reverse the order granting the defendants' motion for summary judgment.

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