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ERBSTOESZER v. AMERICAN CASUALTY CO.

No. 91-0453.

169 Wis.2d 637 (1992)

486 N.W.2d 549

Evelyn ERBSTOESZER, by her guardian, Rita Leyes, Plaintiff-Appellant, Louis SULLIVAN, Secretary of the Department of Health & Human Services, Sheboygan County, and Rock County, Subrogated Parties, v. AMERICAN CASUALTY COMPANY of Reading, Pennsylvania, and Natalie Witte, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 4, 1992.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Jon P. Axelrod and William D. Mollway of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., of Madison.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Steven D. Ebert, assistant attorney general, and Robert R. Studt of Jenswold, Studt, Hanson, Clark & Kaufmann of Madison.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

Evelyn Erbstoeszer, a patient at the University of Wisconsin Hospital in Madison, was injured while walking with a hospital nurse, Natalie Witte. She sued Witte and her insurer, American Casualty Company, for damages; she appeals from a judgment dismissing her complaint. The issues are whether the trial court erred when it: (1) dismissed Erbstoeszer's claim against Witte based on sec. 51.61, Stats., which gives...

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