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MAGYAR v. WHCLIP

No. 95-0972.

211 Wis.2d 296 (1997)

564 N.W.2d 766

Patricia S. MAGYAR, Individually, and As Special Administrator of the Estate of Anthony F. Magyar, Deceased, Plaintiffs-Respondents, CITY OF MILWAUKEE, Involuntary-Plaintiff, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, and Lawrence J. Frazin, M.D., Defendants-Appellants-Petitioners, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Co-Appellant-Petitioner. NEUROLOGICAL SURGERY OF MILWAUKEE, S.C., Defendant-Intervenor.

Supreme Court of Wisconsin.

Decided June 27, 1997.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Michael P. Malone, Susan R. Tyndall and Hinshaw & Culbertson, Milwaukee and oral argument by Susan R. Tyndall.

For the defendant-co-appellant-petitioner there were briefs by James M. Fergal, Linda V. Meagher and Schellinger & Doyle, S.C., Brookfield and oral argument by James M. Fergal.

For the plaintiffs-respondents there was a brief by William M. Cannon, Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield and oral argument by William M. Cannon.

For the defendant-intervenor there was a brief by Todd M. Weir and Otjen, Van Ert, Stangle, Lieb & Weir, S.C., Milwaukee.

¶ 1. WILLIAM A. BABLITCH, J.

On the day trial commenced in Patricia Magyar's medical malpractice action against numerous defendants, Ms. Magyar and one of the defendants, Neurological Surgery of Milwaukee (NSM), asked the circuit court to approve a settlement agreement between them dismissing NSM from the lawsuit. The settlement was contingent on a ruling by the circuit court excluding an expert witness named only by NSM, Dr. Proctor, from testifying at trial...

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