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MILLER v. KIM

No. 92-2738.

191 Wis.2d 187 (1995)

528 N.W.2d 72

Gary MILLER, as special administrator of the Estate of Gloria Miller, Gary Miller and Julie Miller, Plaintiffs-Appellants, State of Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, a governmental agency, Involuntary-Plaintiff, v. Young II KIM, M.D., Wisconsin Health Care Liability Insurance Plan, a Wisconsin insurance corporation, and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 19, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Lynn R. Laufenberg of Cannon & Dunphy, S.C. of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of Catherine M. Rottier of Boardman, Suhr, Curry & Field of Madison.

Before Eich, C.J., Dykman and Sundby, JJ.

SUNDBY, J.

Gloria Miller and her parents, Gary and Julie Miller (Millers), appeal from a judgment entered on a jury verdict dismissing their medical malpractice claim against Young II Kim, M.D., the Wisconsin Health Care Liability Insurance Plan and the Wisconsin Patients Compensation Fund.1 They also appeal from an order denying their motion for a new trial. We conclude that the trial court erred when it instructed the jury that it should...

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