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LECANDER v. BILLMEYER

No. 92-0275.

171 Wis.2d 593 (1992)

492 N.W.2d 167

Robert LECANDER and Gwen Lecander, Plaintiffs-Appellants, v. Arlene BILLMEYER and Wisconsin Health Care Liability Insurance Plan, Defendants-Respondents, MYRTLE WERTH MEDICAL CENTER, Wisconsin Hospital Association Liability Insurance Plan, Optional Segregated Account, Dr. J.H. Haemmerle, Physicians Insurance Company of Wisconsin and State of Wisconsin Patient's Compensation Fund, Defendants.

Court of Appeals of Wisconsin.

Decided October 6, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Russell T. Golla of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

On behalf of the defendants-respondents, the cause was submitted on the brief of J. Drew Ryberg and Kristina M. Bergerson of Kelly & Ryberg, S.C. of Eau Claire.

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

CANE, P.J.

Robert and Gwen Lecander appeal the judgment dismissing their claim against Arlene Billmeyer and the Wisconsin Health Care Liability Insurance Plan. The Lecanders assert that the circuit court erred in the following ways: (1) refusing to instruct the jury on the doctrine of res ipsa loquitur, (2) refusing to change the jury's answer on special verdict question no. 1, inquiring into Billmeyer's negligence from "No" to "Yes," (3) refusing to answer special...

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