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NOWATSKE v. OSTERLOH

No. 93-1555.

198 Wis.2d 419 (1996)

543 N.W.2d 265

Kim NOWATSKE and Julie Nowatske, Plaintiffs-Appellants, v. Mark D. OSTERLOH, M.D., The Medical Protective Company and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 25, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellants there were briefs by David M. Skoglind and Warshafsky, Roter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee and oral argument by Gerald J. Bloch.

For the defendants-respondents there was a brief by Paul H. Grimstad, John F. Mayer and Nash, Spindler, Dean & Grimstad, Manitowoc and oral argument by Robert L. McCracken.

Amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield for The Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Mark L. Adams and State Medical Society of Wisconsin and Barrett J. Corneille, David J. Pliner and Bell, Metzner, Gierhart & Moore, S.C., all of Madison for the State Medical Society of Wisconsin.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal by Kim and Julie Nowatske from a judgment of the circuit court for Winnebago County, Thomas S. Williams, judge. The circuit court dismissed the complaint upon a jury finding that Mark D. Osterloh, M.D. (the defendant), did not negligently cause the Nowatskes' injuries. Upon certification of the court of appeals pursuant to Wis. Stat. (Rule) 809.61 (1993-94), this court accepted the case but limited its review to the following...

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