MILLER v. LUTHER

No. 91-2328.

170 Wis.2d 429 (1992)

489 N.W.2d 651

Elaine MILLER, Plaintiff-Respondent, v. Thomas W. LUTHER, M.D., St. Paul Fire & Marine Insurance Co., Armenio Cordero, M.D., The Medical Protective Co., and Wisconsin Patients Compensation Fund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 4, 1992.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Thomas W. Luther, M.D., St. Paul Fire & Marine Insurance Company and Wisconsin Patients Compensation Fund, the cause was submitted on the briefs of Jonathan M. Menn of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd. of Appleton.

On behalf of the defendants-appellants, Armenio Cordero, M.D. and The Medical Protective Company, the cause was submitted on the briefs of David Crist, Michael D. Golden and Nicholas J. Meeuwsen of Dempsey, Magnusen, Williamson & Lampe of Oshkosh.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Randall E. Reinhardt of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C. of Milwaukee.

On behalf of the Wisconsin Academy of Trial Lawyers, the cause was submitted on the amicus curiae brief of Virginia M. Antoine of Habush, Habush & Davis, S.C. of Milwaukee.

On behalf of the Civil Trial Counsel of Wisconsin, the cause was submitted on the amicus curiae brief of Peter J. Hickey of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

Before Cane, P.J., LaRocque and Sullivan, JJ.


CANE, P.J.

We granted Thomas Luther, M.D., St. Paul Fire & Marine Insurance Company, Wisconsin Patients Compensation Fund, Armenio Cordero, M.D., and The Medical Protective Company (collectively referred to as Luther) leave to appeal a nonfinal order denying their motion for summary judgment seeking to dismiss Elaine Miller's wrongful death action against them. Luther claims that Miller's action is barred by (1) the...

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