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MILLER v. KRETZ

No. 94-2231.

191 Wis.2d 573 (1995)

531 N.W.2d 93

John R. MILLER, a minor, by and through his guardian ad litem, Richard E. Sommer, Glenn W. Miller and Donna J. Miller, Plaintiffs-Appellants, v. Diane M. KRETZ, M.D. and Michael Kretz, M.D., Defendants-Respondents, UNKNOWN INSURANCE COMPANY NO. 1, E. Stephanie Littrel, M.D., Unknown Insurance Company No. 2 and Wisconsin Patients Compensation Fund, Defendants.

Court of Appeals of Wisconsin.

Decided February 7, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Richard E. Sommer of Sommer, Olk, Schroder & Payant of Rhinelander.

On behalf of the defendants-respondents, the cause was submitted on the brief of Peter L. Hessert of Patterson, Richards, Hessert, Wendorff & Ellison of Wausau.

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

CANE, P.J.

John Miller, a minor (D.O.B. 3-10-82), through his guardian ad litem, Richard Sommer, appeals an award of a partial summary judgment ruling §§ 893.55 and 893.56, STATS., constitutional. Miller contends that § 893.55(1)(b), the medical malpractice statute of limitation, violates the equal protection clauses of the Wisconsin and United States Constitutions. Because we conclude that § 893.55 is constitutional under an equal protection of...

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