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DIETRICH v. PATIENTS COMPENSATION FUND

No. 91-0764.

169 Wis.2d 471 (1992)

485 N.W.2d 614

William DIETRICH, by M. Nicol Padway, his Guardian Ad Litem and Thea Dietrich, Plaintiffs-Respondents, v. WISCONSIN PATIENTS COMPENSATION FUND, James R. Sanger, M.D., Lawrence Clowry, M.D., and Sharon Elias, M.D., Defendants, Erle PEACOCK, M.D., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 12, 1992.

Attorney(s) appearing for the Case

For defendant-appellant Erle Peacock the cause was submitted on the briefs of Todd M. Weir and Mark A. Grady of Otjen, Van Ert, Stangle, Lieb & Weir, S.C., of Milwaukee.

For plaintiffs-respondents William Dietrich and Thea Dietrich the cause was submitted on the briefs of Milton S. Padway of Padway & Padway, Ltd., of Milwaukee.

For the State Medical Society of Wisconsin, the cause was submitted on the amicus curiae brief of Sally L. Wencel and Mark L. Adams of the State Medical Society of Wisconsin, of Madison.

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

SULLIVAN, J.

Erle Peacock, M.D., a physician licensed to practice medicine in North Carolina, appeals from a nonfinal order denying his sec. 802.06(2)(c), Stats., motion to dismiss a malpractice action against him for want of personal jurisdiction.1 He contends that neither sec. 801.05(3) (local act or omission) nor sec. 801.05(4)(a) and (b) (local injury; foreign act), Stats., apply and he therefore should be dismissed as a party from...

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