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CLARK v. ERDMANN

No. 88-1946.

161 Wis.2d 428 (1991)

468 N.W.2d 18

Ruby CLARK, Plaintiff-Appellant, v. Dr. Bruce ERDMANN and Gundersen Clinic, Ltd., Defendants-Respondents, LA CROSSE LUTHERAN HOSPITAL and State of Wisconsin Patient Compensation Fund, Defendants.

Supreme Court of Wisconsin

Decided April 23, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in the court of appeals) by Pamela J. Schmelzer and Schrank & Schultz, Madison.

For the defendants-respondents there was a brief (in the court of appeals) by Daniel T. Flaherty, Ellen M. Frantz and Johns & Flaherty, S.C., La Crosse.

STEINMETZ, J.

The primary issue is whether this action is governed by the medical malpractice statute of limitations of sec. 893.55, Stats.,1 or, alternatively, the personal injury statute of limitations of sec. 893.54.2 Judge Michael J. Mulroy, circuit court for La Crosse county, determined sec. 893.55 to be the proper statute. Applying the statute, he proceeded...

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