KELLY v. REYES

No. 91-2507.

168 Wis.2d 743 (1992)

484 N.W.2d 388

Edmund KELLY, Plaintiff-Appellant, v. Metodio M. REYES, M.D. and State of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 22, 1992.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ronald Bornstein of Robert Silverstien & Associates, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Peter C. Anderson, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.


BROWN, J.

Edmund Kelly appeals from judgments dismissing his malpractice action against a physician employed by the state of Wisconsin. The trial court dismissed the action because Kelly used regular mail, not certified mail to serve notice of his claim upon the attorney general. Because we agree with the trial court that sec. 893.82(5), Stats., strictly requires certified mail, we affirm the judgments.

While Kelly...

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