JESSE v. DANFORTH

No. 90-1312.

169 Wis.2d 229 (1992)

485 N.W.2d 63

Jean C. JESSE, by her Guardian ad Litem, David W. Reinecke and Vern Jesse, Sr., Plaintiffs-Respondents-Petitioners, v. R. Clarke DANFORTH, M.D., R. Clarke Danforth, M.D., S.C., Donald P. Ullrich, M.D., Neurodiagnostic Associates, a Partnership, Neurosurgical Specialists, S.C. and Neurodiagnostic Associates, a Division of Neurosurgical Specialists, S.C., Defendants-Appellants, W. Gregory VON ROENN, M.D., W. Gregory Von Roenn, M.D., S.C., Michael V. Darnieder, M.D., Wisconsin Patients Compensation Fund, Physicians Insurance Company of Wisconsin, Inc., The Professionals Insurance Company and The Medical Protective Company, Defendants, BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Milwaukee County Department of Health & Human Services, as agent for Wisconsin Department of Health & Social Services, Division of Health, Subrogated Parties.

Supreme Court of Wisconsin.

Decided June 23, 1992.


Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by Jack R. DeWitt, John D. Varda and DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., Madison and oral argument Mr. Varda.

For the defendants-appellants, R. Clarke Danforth, M.D. and R. Clarke Danforth, M.D., S.C., there was a brief by Kathleen E. Bonville, Mark E. Larson and Gutglass, Erickson & Bonville, S.C., Milwaukee and oral argument by Mr. Larson.

For the defendants-appellants, Donald P. Ullrich, M.D., Neurodiagnostic Associates and Neurosurgical Specialists, there was a brief by Michael P. Malone, Susan R. Tyndall and Hinshaw & Culbertson, Milwaukee and oral argument by Ms. Tyndall.


DAY, J.

This is a review of a published decision of the court of appeals1 that reversed a non-final order of the Circuit Court for Milwaukee County, William J. Haese, Judge, which denied defendants Drs. Danforth's and Ullrich's motions to disqualify DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. (DeWitt) as plaintiffs' counsel.

The issue in this case is whether a conflict of interest exists such that DeWitt should be disqualified...

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