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SCHULZ v. NIENHUIS

No. 89-0082.

152 Wis.2d 434 (1989)

448 N.W.2d 655

Nancy SCHULZ, individually, and as the mother of Chelsea Schulz, Plaintiff-Appellant, v. Herman D. NIENHUIS, M.D., The Professionals Insurance Company, Mercy Hospital, and State of Wisconsin Patients Compensation Fund, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided December 12, 1989.

Attorney(s) appearing for the Case

There were joint briefs by Curtis C. Swanson, Edith F. Merila and Axley Brynelson, Madison, and oral argument by Ms. Merila for Mercy Hospital and State of Wisconsin Patients Compensation Fund; and by Thomas Lockyear, Patricia A. Dicke and Bell, Metzner, Gierhart & Moore, S.C., Madison and oral argument by Mr. Lockyear for the Professionals Insurance Company, State of Wisconsin Patients Compensation Fund and Herman D. Nienhuis, M.D.

For the plaintiff-appellant there was a brief by Raymond E. Schrank, II, Peter E. Hans and Schrank & Schultz, Madison and oral argument by Mr. Hans.

Amicus curiae brief was filed by Mark L. Adams and Sally L. Wencel, Madison, for the State Medical Society of Wisconsin.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals dated May 13, 1989, reversing a judgment of the circuit court for Rock county, Patrick J. Rude, circuit judge. In a suit alleging medical malpractice,1 the circuit court granted the defendants' (the doctor, insurance carrier, and the hospital) motion for summary judgment against plaintiff Nancy Schulz and dismissed the action on the ground that...

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