MALLON v. CAMPBELL

No. 92-3037.

178 Wis.2d 278 (1993)

504 N.W.2d 357

Scott MALLON, Susan Mallon, and Ashley Mallon, by her Guardian ad Litem, Curtis M. Kirkhuff, Plaintiffs-Appellants, v. Craig W. CAMPBELL, M.D., Wisconsin Patients Compensation Fund, Columbus Community Hospital, Wisconsin Association Optional Segregation Account, Professional Insurance Company, Renato Diancin, M.D., and Physicians Insurance Company of Wisconsin, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 8, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Curtis M. Kirkhuff of Pellino, Rosen, Mowris & Kirkhuff, S.C. of Madison.

For the defendant-respondent the cause was submitted on the brief of Curtis C. Swanson, Joy L. O'Grosky and Marcia MacKenzie of Axley Brynelson of Madison.

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


DYKMAN, J.

We granted the Mallons leave to appeal from an order denying their motion to compel discovery after reconsideration.1 The issues are: (1) whether the trial court was barred by sec. 806.07, Stats., from deciding the reconsideration motion on the merits; and (2) whether the content of an interview of a switchboard operator, conducted by the Columbus Community Hospital administrator...

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