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CLAYPOOL v. LEVIN

No. 94-2457.

195 Wis.2d 535 (1995)

536 N.W.2d 206

Jimetta CLAYPOOL, Marvin Claypool and Jennifer Claypool, Plaintiffs, v. Mark R. LEVIN, M.D. and Wisconsin Patients Compensation Fund, Defendants-Respondents, AA INSURANCE COMPANY, and Columbia Hospital, Defendants, Russell GOLDSTEIN and Wisconsin Lawyers Mutual Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 27, 1995.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Peterson, Johnson & Murray, S.C., with Terry E. Johnson, and Peter F. Mullaney, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Hinshaw & Culbertson, with Michael J. Pfau, Susan R. Tyndall, and Jeffrey R. Munson, of Milwaukee.

Before Sullivan, Schudson and Myse, JJ.

SCHUDSON, J.

Attorney Russell Goldstein and his insurer, Wisconsin Lawyers Mutual Insurance Company, appeal from the trial court judgment granting summary judgment in favor of Dr. Mark R. Levin.1 and his insurer, Wisconsin Patients Compensation Fund, and dismissing the complaint of Jimetta Claypool, her husband, and her daughter against Dr. Levin. The issue is whether, under the medical malpractice statute of limitations, § 893.55...

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