ESTATE OF Cheryl MAKOS, by the Personal Representative, Calvin Makos and Calvin Makos Individually, Amanda Makos, Cody Makos and Ashley Makos, by their Guardian Ad Litem, Gary R. Weidner, Esq., Plaintiffs-Appellants,
v.
WISCONSIN MASONS HEALTH CARE FUND, Associates In Pathology, S.C., Dr. Steven E. Bodemer and Wisconsin Patients Compensation Fund, Defendants-Respondents,
ABC INSURANCE COMPANY and DEF Insurance Company, Defendant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument March 6, 1997.
Decided June 20, 1997.
Attorney(s) appearing for the Case
For the plaintiffs-appellants there were briefs (in the Supreme Court) by Timothy J. Aiken, Kelly L. Centofanti and Aiken & Scoptur, S.C., Milwaukee and oral argument by Timothy J. Aiken.
For the defendants-respondents there was a brief (in the Supreme Court) by Samuel J. Leib, Christine A. Koehler and Leib and Associates, S.C., Milwaukee and oral argument by Samuel J. Leib.
Amicus curiae brief was filed by David M. Skoglind, Edward E. Robinson and Warshafsky, Rotter, Tarnoff, Reinhardt, & Bloch, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.
Supreme Court of Wisconsin.
¶ 1. DONALD W. STEINMETZ, J.
The issue in this case is whether Wis. Stat. § 893.55(1)(b),1 a statute of repose that bars medical malpractice actions commenced more than five years from the date of the alleged act or omission without regard to the date of discovery, is constitutional. We hold that this statute is unconstitutional beyond a reasonable doubt as applied in this case because...
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