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CLARK v. MUDGE

No. 99-0082.

229 Wis.2d 44 (1999)

599 N.W.2d 67

Ericka CLARK, individually and as Special Administrator of the Estate of Sandra G. Clark, Deceased, Nathan Clark, by his Guardian ad Litem, Jerome Hierseman, and Johnson International, Inc., Plaintiffs-Respondents, v. Devin R. MUDGE, M.D., St. Paul Fire & Marine Insurance Company and Patients Compensation Fund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 23, 1999.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the brief of James R. Gutglass and Susan Van Schaik of Gutglass, Erickson & Bonville, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Jerome A. Hierseman of Gray & End of Milwaukee.

On behalf of the Attorney General's Office a brief was filed by James E. Doyle, attorney general, and John S. Greene, assistant attorney general.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

The issue on appeal is whether the trial court erred in granting a motion filed by Ericka Clark, Nathan Clark and Johnson International, Inc. (the Clarks) for the voluntary dismissal of their wrongful death suit against Devin R. Mudge, M.D., his insurer, St. Paul Fire and Marine Insurance Company and Patients Compensation Fund (Mudge). The Clarks requested a voluntary dismissal in order to avail themselves...

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