FRANZEN v. CHILDREN'S HOSPITAL

No. 91-0266.

169 Wis.2d 366 (1992)

485 N.W.2d 603

Christopher Eric FRANZEN, a minor, Mark A. Franzen and Jeanne Lee Franzen, his parents, Plaintiffs-Respondents-Cross Appellants, v. CHILDREN'S HOSPITAL OF WISCONSIN, INC., Defendant-Appellant-Cross Respondent, Robert G. MONTGOMERY, M.D., Defendant-Cross Respondent, XYZ INSURANCE COMPANY, Wisconsin Hospital Association Optional Segregated Account, Liberty Mutual Insurance Company, Maxicare Health Insurance Company, Primecare Health Plan, Inc., and Wisconsin Patients Compensation Fund, Defendants, Dr. John KAMPINE, and Medical College of Wisconsin, Cross Respondents.

Court of Appeals of Wisconsin.

Decided May 5, 1992.


Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Foley & Lardner by Richard M. Esenberg, Jeffrey N. Costakos and Brian P. Akers, of Milwaukee.

For the plaintiffs-respondents-cross appellants the cause was submitted on the briefs of Techmeier & Lowe, S.C., by Paul R. Van Grunsven, of Milwaukee.

For the defendant-cross respondent the cause was submitted on the briefs of Schellinger & Doyle, S.C. by James G. Doyle and Linda Vogt Meagher, of Brookfield.

For the cross respondents the cause was submitted on the briefs of Hinshaw & Culbertson by Michael J. Pfau and Susan R. Tyndall, of Milwaukee.

For the Wisconsin Academy of Trial Lawyers the cause was submitted on the amicus curiae brief of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C., by David M. Skoglind, of Milwaukee.

For the Wisconsin Hospital Association the cause was submitted on the amicus curiae brief of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. by Peter A. Peshek and Constance L. Anderson, of Madison.

Before Moser, P.J., Sullivan and Myse, JJ.


FACTS

MOSER, P.J.

Christopher Eric Franzen, a minor, and his parents (collectively, Franzen) seek damages from Children's Hospital of Wisconsin, Inc. (Children's Hospital); Robert G. Montgomery, M.D., an anesthesiologist (Montgomery); and several insurers, including the Wisconsin Patients Compensation Fund. This action is based upon an alleged act of medical malpractice by Montgomery, who served on the staff at Children's Hospital from July 1982 until...

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