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OLSON v. CONNERLY

No. 88-1444.

151 Wis.2d 663 (1989)

445 N.W.2d 706

Joyce OLSON, f/k/a Joyce Leick, Plaintiff-Respondent-Cross-Respondent, v. Dr. Patrick CONNERLY, Defendant-Respondent-Cross-Appellant, STATE of Wisconsin, Intervening Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 25, 1989.

Attorney(s) appearing for the Case

For intervening defendant-appellant there were briefs by Donald J. Hanaway, attorney general, and David T. Flanagan, assistant attorney general; the cause was argued by David T. Flanagan, assistant attorney general.

For plaintiff-respondent-cross-respondent there was a brief by Cindra R. Carson and Hertel, Carson, White, Schilling & Barr, S.C., Eau Claire, and argument by Cindra R. Carson.

For defendant-respondent-cross-appellant there were briefs by Eric J. Wahl and Wiley, Rasmus, Wahl, Colbert, Norsent & Cray, S.C., Eau Claire, and argument by Eric J. Wahl.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The state appeals a judgment holding it liable for the malpractice of Dr. Patrick Connerly, a University of Wisconsin faculty member/physician, as the result of his sexual contact with one of his patients, Joyce Olson. Although the jury found that the sexual contact was negligent medical treatment, it also found that Connerly was not acting within the scope of his employment as a government physician.

The issues are whether: (1) Wisconsin includes...

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