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MALLOW v. ANGOVE

No. 88-0107.

148 Wis.2d 324 (1988)

434 N.W.2d 839

Wayne MALLOW, Belva Mallow, Milwaukee Sheet Metal Insurance Fund, and Metropolitan Life Insurance Company Group Health Claims, Plaintiffs-Respondents-Cross Appellants, v. Dr. Arthur E. ANGOVE, Wisconsin Health Care Liability Insurance Plan, and Wisconsin Patients Compensation Fund, Defendants-Appellants-Cross Respondents, Dr. Gerald P. NELEZEN, Dr. J. David Lewis, Dr. Gary L. Kuhl, and New Berlin Memorial Hospital, Defendants.

Court of Appeals of Wisconsin.

Decided December 21, 1988.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross respondents, the cause was submitted on the briefs of Michael J. Pfau, Susan M. Ray, and Peter A. Stanford, of Kluwin, Dunphy, Hinshaw, Culbertson, of Milwaukee.

On behalf of the plaintiffs-respondents-cross appellants, the cause was submitted on the briefs of Howard B. Mitz and Richard W. Cross of Howard B. Mitz, S.C., of Mequon.

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

NETTESHEIM, J.

This medical malpractice case was tried to a twelve-person jury over a period of eight days. The jury returned a verdict finding that Dr. Arthur E. Angove was not negligent in his surgical treatment of Belva Mallow. By postverdict order, the trial court granted Belva Mallow and the other plaintiffs (collectively, the Mallows)1 a new trial. Dr. Angove, the Wisconsin Health Care...

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