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KERKMAN v. HINTZ

No. 86-0215.

142 Wis.2d 404 (1988)

418 N.W.2d 795

Jerome KERKMAN, Plaintiff-Respondent-Petitioner, Joyce KERKMAN, Plaintiff-Cross-Appellant-Petitioner, v. Max A. HINTZ and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants-Appellants and Cross-Respondents.

Supreme Court of Wisconsin.

Decided February 11, 1988.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner and the plaintiff-cross-appellant-petitioner there were briefs by Robert L. Elliott, Cook & Franke, S.C., Milwaukee, and oral argument by Robert L. Elliott.

For the defendants-appellants and cross-respondents there was a brief by Frank R. Terschan, Frisch, Dudek & Slattery, Ltd., Milwaukee, and oral argument by Frank R. Terschan.

WILLIAM G. CALLOW, J.

This is a review of a published decision of the court of appeals, Kerkman v. Hintz, 138 Wis.2d 131, 406 N.W.2d 156 (Ct. App. 1987), reversing a judgment of the circuit court for Racine county, Judge John C. Ahlgrimm, which found Dr. Max A. Hintz, Chiropractor, liable for malpractice.

There are two issues presented on review. First, did the circuit court instruct...

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