WIS. PATIENTS COMPENSATION FUND v. WHCLIP

No. 95-0865.

200 Wis.2d 599 (1996)

547 N.W.2d 578

WISCONSIN PATIENTS COMPENSATION FUND, Plaintiff-Appellant, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 8, 1996.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in the court of appeals) by Timothy J. Muldowney, James A. Friedman and LaFollette & Sinykin, Madison and James M. Fergal, Linda Vogt Meagher and Schellinger & Doyle, S. C., Brookfield and oral argument by Timothy J. Muldowney.

For the defendant-respondent there was a brief(in the court of appeals) by Mary K. Wolverton, Peter F. Mullaney and Peterson, Johnson & Murray, S.C.,Milwaukee and oral argument by Mary K. Wolverton.

Amicus curiae brief was filed by David M. Skoglind, Edward E. Robinson and Wisconsin Academy of Trial Lawyers,Milwaukee for Wisconsin Patients Compensation Fund.


SHIRLEY S. ABRAHAMSON, J.

This case is before the court on appeal from an order of the Circuit Court for Milwaukee County, Frank T. Crivello, judge, granting summary judgment to the defendant, the Wisconsin Health Care Liability Insurance Plan (WHCLIP), and dismissing the complaint of the Wisconsin Patients Compensation Fund (the Fund). The court granted the Fund's petition to bypass the court of appeals. Wis. Stat. § (Rule) 809.60(4) (1993-94).

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