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NOWATSKE v. OSTERLOH

No. 93-1555.

201 Wis.2d 497 (1996)

549 N.W.2d 256

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

Court of Appeals of Wisconsin.

Decided April 3, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David M. Skoglind, Esq. of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S. C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Paul H. Grimstad and John F. Mayer of Nash, Spindler, Dean & Grimstad of Manitowoc.

On behalf of the Wisconsin Academy of Trial Lawyers, an amicus curiae brief was submitted by Mark L. Thomsen of Cannon & Dunphy, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

NETTESHEIM, J.

Kim and Julie Nowatske appeal from a trial court judgment dismissing their complaint following a jury determination that Dr. Mark D. Osterloh was not negligent in his treatment of Kim for a retinal detachment condition.

On appeal, the Nowatskes challenge a trial court evidentiary ruling which allowed their medical expert witness to be impeached with evidence that the expert was named as a defendant in two prior unrelated medical malpractice...

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