Joshua VANDERVELDEN, Plaintiff-Respondent-Cross Appellant,
v.
Benjamin VICTORIA, M.D., Defendant-Appellant-Cross Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs February 3, 1993.
Decided May 18, 1993.
Attorney(s) appearing for the Case
For the defendant-appellant-cross respondent the cause was submitted on the briefs of La Follette & Sinykin, by Timothy J. Muldowney and Jeffrey J. Kassel, of Madison, and Riordan, Crivello, Carlson, Mentkowski & Steeves, S.C., by Linda E.B. Hansen and Mary E. Nelson, of Milwaukee.
For the plaintiff-respondent-cross appellant the cause was submitted on the briefs of S.A. Schapiro, of Milwaukee.
Amicus Curiae brief was filed by Sally L. Wencel and Mark L. Adams, of Madison, for the State Medical Society of Wisconsin.
Amicus Curiae brief was filed by George W. Koch, Jr. and Nancy M. Gannon, of counsel, of Wauwatosa, for the Catholic League for Religious and Civil Rights.
Amicus Curiae brief was filed by Volunteer Attorneys for the American Civil Liberties Union Foundation of WI by Mary Jo Schiavoni and Elyse M. Mollner, of Milwaukee, for the American Civil Liberties Union Foundation of Wisconsin.
Amicus Curiae brief was filed by Thomas Patrick Monaghan and Walter M. Weber, of New Hope, KY, and by Tilg & Koch by Thomas M. Foy, of Milwaukee, for Free Speech Advocates.
Before Wedemeyer, P.J., Fine and Schudson, JJ.
Court of Appeals of Wisconsin.
WEDEMEYER, P.J.
Benjamin Victoria, M.D., appeals from a judgment entered on March 29, 1991, in favor of Joshua Vandervelden (Joshua) for $1,146,516.88, following a jury trial where it was found that Dr. Victoria had committed a battery against Joshua during the time period in which Joshua was a fetus. Dr. Victoria asserts that the trial court erred by allowing the case to proceed to trial on the basis of a battery claim.
Joshua cross-appeals from that part...
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