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AWVE v. PHYSICIANS INS. CO.

No. 93-1212.

181 Wis.2d 815 (1994)

512 N.W.2d 216

Tonja R. AWVE, Individually and as Special Administrator of the Estate of Zachary H. Martz, Deceased, and Scott Martz, Plaintiffs-Appellants, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., a Wisconsin corporation, Indira Mammen, M.D. and Wisconsin Patients Compensation Fund, a Wisconsin corporation, Defendants-Respondents, WISCONSIN HEALTH ORGANIZATION INSURANCE CORPORATION, a Wisconsin Corporation, Defendant.

Court of Appeals of Wisconsin.

Decided January 5, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Hope K. Olson and Lance S. Grady of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Paul J. Kelly and Clare T. Ryan of Brookfield.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

Tonja R. Awve, the estate of Zachary H. Martz, and Scott Martz (the parents) appeal the summary judgment dismissing their medical malpractice actions for the death of Tonja and Scott's infant son on the grounds that they were untimely filed. The parents argue that the estate's cause of action was timely filed under one statute of limitations, sec. 893.56, Stats., and that their wrongful death action was timely filed under another statute of limitations,...

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