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BETTHAUSER v. MEDICAL PROTECTIVE CO

No. 90-2687.

172 Wis.2d 141 (1992)

493 N.W.2d 40

Michael J. BETTHAUSER, Gene Betthauser and Mary Betthauser, Plaintiffs-Appellants, v. The MEDICAL PROTECTIVE COMPANY, a foreign corporation; St. Paul Fire & Marine Insurance Company, a foreign corporation; Pamela Kruse, a/k/a Pamela Eickhorst; Peter A. Gardetto; and The Kurten Medical Group, a/k/a The Kurten Clinic, a partnership of the following persons: Peter A. Gardetto, Donald R. Burke, Donald F. Cohill, H.E. DeGroot, Joseph C. Fralich, John W. Foreman, Howard Gass, William C. Harris, K.H. Kolmeier, William J. Madden, Richard Minton, Charles H. Patton and Stanley M. Englander, Defendants-Respondents-Petitioners, v. WISCONSIN PHYSICIANS SERVICE INSURANCE CORP., a Wisconsin corporation; and Continental Casualty Co., a foreign corporation, Involuntary-Plaintiffs.

Supreme Court of Wisconsin.

Decided December 15, 1992.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Paul R. Erickson, Colleen M. Fleming and Gutglass, Erickson & Bonville, S.C., Milwaukee.

For the plaintiffs-appellants there was a brief by John R. Orton, W.T. Curran and Curran, Hollenbeck & Orton, S.C., Mauston.

Amicus Curiae brief was filed by Virginia M. Antoine and Habush, Habush & Davis, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.

DAY, J.

The Medical Protective Company, et al. (hereinafter referred to as "defendants") seek review of a published opinion of the court of appeals1 which reversed the judgment of the circuit court for Racine County, Honorable Stephen A. Simanek, Judge. This medical malpractice case, brought by the plaintiffs, Michael Betthauser and his parents (hereinafter referred to as "Betthausers"), was filed on March 23, 1990, and

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