KURZYNSKI v. SPAETH

Nos. 94-1279, 94-1282.

196 Wis.2d 182 (1995)

538 N.W.2d 554

Anton KURZYNSKI, Ruth Kurzynski, Norman Mierow, Richard Wargin, Phillip Barnard and Karen Faestel, Plaintiffs, v. Allen W. SPAETH, D.D.S., Continental Casualty Co., Professional Medical Insurance Co., Dr. Thomas Roskos, Wisconsin Physicians Service Insurance Corporation, Northwest General Hospital, Wisconsin Health Care Liability Insurance Plan, and Wisconsin Patients Compensation Fund, Defendants, Dr. William FABER, Defendant-Respondent, v. MILWAUKEE MAGAZINE, Stephen Filmanowicz and Susan Dale, Appellants. Mary WENDORF and Robert Wendorf, Plaintiffs, WEST ALLIS MEMORIAL HOSPITAL, INC., Involuntary-Plaintiff, v. PROFESSIONAL MEDICAL INSURANCE COMPANY, a foreign insurance corporation, Physicians Insurance Company of Wisconsin, Inc., a Wisconsin insurance corporation, Thomas Roskos, D.O., Continental Casualty Company, a foreign insurance corporation, Alan W. Spaeth, D.D.S., Wisconsin Health Care Liability Insurance Plan, a Wisconsin insurance corporation, Northwest General Hospital, and Wisconsin Patients Compensation Fund, Defendants, William FABER, D.O., Defendant-Respondent, v. MILWAUKEE MAGAZINE, Stephen Filmanowicz and Susan Dale, Appellants.

Court of Appeals of Wisconsin.

Decided August 1, 1995.


Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Jeffrey J. Kassel and Brady C. Williamson of La Follette & Sinykin, of Madison.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Robert J. Kay of Kay & Andersen, S.C., of Madison.

Before Sullivan, Fine and Schudson, JJ.


FINE, J.

This is an appeal from an order of the trial court enforcing discovery subpoenas issued to employees of Milwaukee Magazine in malpractice actions against, inter alia, William Faber, D.O. We reverse.

I.

The plaintiffs in the underlying actions claim that Dr. Faber and others were guilty of malpractice in their treatment of the plaintiffs' pain. In its January 24, 1994, issue, Milwaukee Magazine published a lengthy article...

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