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GEIGER v. WHCLIP

No. 95-0692-FT.

196 Wis.2d 474 (1995)

538 N.W.2d 830

Fred H. GEIGER, Jr., Plaintiff-Appellant, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 22, 1995.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant, the cause was submitted on the briefs of Jill R. Schilling and orally argued by Harry Hertel of Hertel, White, Johnson & Schilling, S.C. of Eau Claire.

On behalf of defendants-respondents, the cause was submitted on the brief of J. Drew Ryberg and Kristina M. Bourget and orally argued by J. Drew Ryberg of Kelly & Ryberg, S.C. of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Fred Geiger appeals a summary judgment dismissing his medical malpractice claim against Wisconsin Health Care Liability Insurance Plan (WHCLIP) and Wisconsin Patients Compensation Fund.1 The circuit court dismissed the action on grounds that Geiger failed to toll the statute of limitations as provided by § 655.44, STATS.,2 in that he named a deceased...

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