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POPHAL v. SIVERHUS

No. 89-2080.

168 Wis.2d 533 (1992)

484 N.W.2d 555

Jennifer POPHAL, and Joanne Hansen, Plaintiffs-Appellants, v. Dr. W. James SIVERHUS, Defendant-Respondent, Dr. Alan RIFKIN, Defendant, Dr. Conrad L. ANDRINGA, Defendant-Respondent, Dr. John MCCLUNG, St. Mary's Hospital Medical Center, Madison Anesthesiologists, S.C., Defendants, THE DEAN MEDICAL CENTER, S.C., Defendant-Respondent, Dr. Michael MCHENRY, Dr. Robert P. Christmann, Defendants, and WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 26, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of J. Timothy Gratz of Gratz Law Office, S.C. of Madison. Oral argument by J. Timothy Gratz of Gratz Law Office, S.C.

For the defendants-respondents, Dr. W. James Siverhus, Dr. Conrad L. Andringa, the Dean Medical Center, S.C., and Wisconsin Patients Compensation Fund, the cause was submitted on the brief of Bradway A. Liddle, Jr. and Catherine M. Rottier of Boardman, Suhr, Curry & Field of Madison. Oral argument by Catherine M. Rottier of Boardman, Suhr, Curry & Field.

Before Gartzke, P.J., Dykman, and Sundby, JJ.

GARTZKE, P.J.

Jennifer Pophal and Joanne Hansen appeal from a judgment dismissing their medical malpractice complaint against Drs. Siverhus and Andringa, Dean Medical Center, St. Mary's Hospital Medical Center and the Wisconsin Patients Compensation Fund. We conclude that the plaintiffs' failure to move for a mistrial has not cost them their right to appellate review. The plaintiffs contend that the trial court abused its discretion when it (a) excluded evidence of...

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