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SCHEUNEMANN v. ROWE

No. 88-1438.

156 Wis.2d 302 (1990)

456 N.W.2d 641

Laura SCHEUNEMANN and Nancy K. Scheunemann, as the Mother of Laura Scheunemann and in her own right, Plaintiffs-Appellants, v. Dr. David ROWE, Janesville Medical Center, Fort Atkinson Memorial Hospital Association, and State of Wisconsin Patient Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 12, 1990.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Aiken & Mawicke, S.C., by Paul J. Scoptur and Robert L. Jaskulski of Milwaukee.

For the defendants-respondents, Fort Atkinson Memorial Hospital Association and State of Wisconsin Patient Compensation Fund, the cause was submitted on the briefs of Bell, Metzner, Gierhart & Moore, S.C., by Patricia A. Dicke of Madison.

For the defendants-respondents, Dr. David Rowe and Janesville Medical Center, the cause was submitted on the briefs of Boardman, Suhr, Curry & Field, by Catherine M. Rottier of Madison.

Before Gartzke, P.J., Dykman and Sundby, J.J.

GARTZKE, P.J.

Laura and Nancy Scheunemann appeal from a judgment dismissing their medical malpractice action against Dr. David Rowe, Janesville Medical Center, Fort Atkinson Memorial Hospital Association, and State of Wisconsin Patient Compensation Fund (defendants). The issue is whether the trial court lost competency to exercise its jurisdiction because Scheunemanns did not file a mediation request as required by sec. 655.445, Stats.1

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