BROWN v. DIBBELL

No. 97-2181.

227 Wis.2d 28 (1999)

595 N.W.2d 358

Marlene BROWN and Kurt Brown, Plaintiffs-Appellants-Cross-Respondents-Cross Petitioners, v. David G. DIBBELL, M.D., Midelfort Clinic, Ltd., a Mayo Regional Practice, and Physicians Insurance Company of Wisconsin, Defendants-Respondents-Cross-Appellants-Petitioners, Steven D. JOHNSON, M.D., Meridian Resource Corporation on behalf of Benefit Plan Administrators Co. and Wisconsin Physicians Service-Medicare Part B, Defendants.

Supreme Court of Wisconsin.

Decided June 23, 1999.


Attorney(s) appearing for the Case

For the defendants-respondents-cross-appellants-petitioner's there were briefs by Joy L. O'Grosky, Curtis C. Swanson, Rita M. Knauss, Nicholas S. Harned and Axley Brynelson, LLP, Madison and oral argument by Joy L. O'Grosky.

For the plaintiffs-appellants-cross respondents-cross petitioners there were briefs by Thomas Kent Guelzow, Michael L. Laufenberg and Guelzow & Laufenberg, Ltd., Eau Claire and oral argument by Thomas Kent Guelzow.

Amicus curiae brief was filed by D.J. Weis and Habush, Habush, Davis & Rottier, S.C., Rhinelander for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by William H. Levit, Jr., Michael B. Apfeld and Godfrey & Kahn, S.C., Milwaukee and Steven J. Caulum and Bell, Gierhart & Moore, S.C., Madison for the Wisconsin Patients Compensation Fund.


¶ 1. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE.

This is a review of a published opinion of the court of appeals, Brown v. Dibbell, 220 Wis.2d 200, 582 N.W.2d 134 (Ct. App. 1998). The Circuit Court for Trempealeau County, John A. Damon, Judge, entered judgment in favor of Marlene Brown and her husband Kurt Brown against David G. Dibbell, Midelfort Clinic, Ltd., Physicians Insurance Company...

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