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SUTTON v. KAARAKKA

No. 90-0966.

159 Wis.2d 83 (1990)

464 N.W.2d 29

Jeanne M. SUTTON, by her Guardian Jeffrey S. Sutton, Jeffrey S. Sutton, Chayce Sutton, by his Guardian ad Litem, Eugene A. Gasiorkiewicz, and Carly Sutton, by her Guardian ad Litem, Eugene A. Gasiorkiewicz, Plaintiffs-Respondents, v. Olli KAARAKKA, M.D., and Wisconsin Patients Compensation Fund, Defendants, LIBERTY MUTUAL INSURANCE COMPANY and In-Sink Erator, Inc., Intervening Parties-Appellants.

Court of Appeals of Wisconsin.

Decided November 7, 1990.

Attorney(s) appearing for the Case

On behalf of the intervening-parties-appellants, the cause was submitted on the briefs of Paul R. Riegel, of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee and Daniel J. Kelley, of Schoone, Ware, Fortune & Leuck, S.C. of Racine.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Eugene A. Gasiorkiewicz, of Hanson, Gasiorkiewicz & Weber, S.C. of Racine.

Before Nettesheim, P.J., Scott and Anderson, JJ.

ANDERSON, J.

In-Sink Erator, Inc. and its worker's compensation insurer, Liberty Mutual Insurance Company (employer, collectively), appeal from an order denying the employer's motion to intervene and to participate in Sutton's medical malpractice settlement pursuant to sec. 102.29, Stats. At issue on appeal is the applicability of an amendment to sec. 102.29(3), which became effective after Sutton's work accident but before...

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