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EBY v. KOZAREK

No. 88-0930.

153 Wis.2d 75 (1990)

450 N.W.2d 249

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

Supreme Court of Wisconsin.

Decided January 16, 1990.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Curtis C. Swanson, Edith F. Merila and Axley Brynelson, Madison and oral argument by Mr. Swanson.

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

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

Amicus curiae briefs were filed by D.J. Weiss and Johnson, Weis, Paulson & Priebe, S.C., Rhinelander, for The Wisconsin Academy of Trial Lawyers.

WILLIAM A. BABLITCH, J.

Defendants J.P. Kozarek, M.D., and Madison Radiologists, S.C., seek review of a court of appeals decision which held that in a medical malpractice action the requirement in the statutes to request mediation within 15 days of filing an action is not mandatory. We conclude that the statutory requirement is mandatory with respect to the requirement to file a request for mediation but directory with respect to the time limitation within which the...

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