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ELFERS v. ST. PAUL FIRE & MARINE INS. CO.

No. 96-3516.

214 Wis.2d 499 (1997)

571 N.W.2d 469

Christine L. ELFERS, by her Guardian ad Litem, James A. Drill, Lorene Elfers, and Kevin Elfers, Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, John O. Simenstad, M.D., Donald G. Marsh, M.D., and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 28, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James A. Drill and Matthew A. Biegert of Doar, Drill & Skow, S.C., New Richmond.

On behalf of the defendants-respondents, St. Paul Fire & Marine Insurance Company, John O. Simenstad, M.D., and Wisconsin Patients Compensation Fund, the cause was submitted on the brief of Terence J. O'Loughlin and Matthew J. Hanzel of Geraghty, O'Loughlin & Kenney, Professional Association, St. Paul, MN.

On behalf of the defendant-respondent, Donald G. Marsh, M.D., the cause was submitted on the brief of Thomas R. Jacobson and Brent R. Johnson of Lommen, Nelson, Cole & Stageberg, P.A., Hudson.

Amicus Curiae brief was filed by David G. Peterson of Peterson, Johnson & Murray, S.C. Milwaukee, for The Civil Trial Counsel of Wisconsin.

Before Cane, P.J., Myse and Hoover, JJ.

MYSE, J.

Christine L. Elfers and her parents, Lorene and Kevin Elfers, (collectively, "Christine") appeal a summary judgment dismissing her medical malpractice claim against Dr. John O. Simenstad; his insurer, St. Paul Fire & Marine Insurance Company; Dr. Donald G. Marsh; and Wisconsin Patients Compensation Fund. Christine contends that a genuine issue of material fact exists as to when she first suffered a compensable injury. We agree, and therefore reverse the...

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