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GAINER v. KOEWLER

No. 94-2929.

200 Wis.2d 113 (1996)

546 N.W.2d 474

David M. GAINER and Dana M. Gainer, Personally and as Special Administrator of the Estate of Justin R. Gainer, Waukesha County Department of Health & Human Services, Wisconsin Physicians Service Insurance Corporation, MSI Insurance Company and Milwaukee Carpenters District Council Health Fund, Plaintiffs-Appellants, v. Thomas J. KOEWLER, M.D., Kathy D. Sturino, M.D., Wisconsin Health Care Liability Insurance Plan and Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 7, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of J. Michael End of Gran & End of Milwaukee.

On behalf of the defendants-respondents Kathy D. Sturino, M.D., Wisconsin Health Care Liability Insurance Plan and Patients Compensation Fund, the cause was submitted on the brief of Donald R. Peterson and Peter F. Mullaney of Peterson, Johnson & Murray, S. C. of Milwaukee.

On behalf of the defendants-respondents Thomas J. Koewler, M.D., Wisconsin Health Care Liability Insurance Plan and Patients Compensation Fund, the cause was submitted on the brief of James R. Gutglass and Judith P. Sullivan of Gutglass, Erickson & Bonville, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

David M. Gainer and Dana M. Gainer claimed that their child, Justin R. Gainer, was the victim of negligence by two physicians involved in Justin's birth. The jury found no negligence as to either doctor. The Gainers' appeal is almost wholly based on what they perceive to be the misconduct of the attorney for one of the doctors. Because the trial court's rulings regarding these issues were the product of a reasonable and rational mental process and because...

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