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LUND v. KOKEMOOR

No. 95-0453.

195 Wis.2d 727 (1995)

537 N.W.2d 21

Roger LUND and Donna J. Stafsholt, Plaintiffs-Appellants, v. Richard H. KOKEMOOR, M.D., Physicians Insurance Company of Wisconsin, Inc. and Wisconsin Patients Compensation Fund, Defendants-Respondents, EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, Subrogated Party.

Court of Appeals of Wisconsin.

Decided July 5, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of John L. Cates and John C. Carlson of Lawton & Cates of Madison.

For the defendants-respondents the cause was submitted on the brief of James M. Fergel and Linda Vogt Meagher of Schelling & Doyle, S.C. of Brookfield.

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

MYSE, J.

Roger Lund and Donna Stafsholt appeal an interlocutory order dismissing their demand for punitive damages in their medical malpractice action against Richard Kokemoor, M.D., and his insurers. Lund and Stafsholt contend that under § 893.55(5), STATS., punitive damages are recoverable in medical malpractice actions as "[o]ther economic injuries and damages." Accordingly, they argue that the trial court erred by dismissing their demand for punitive damages...

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