BURNETT v. ALT

Nos. 96-3356, 96-3588, 98-0029-W]

224 Wis.2d 72 (1999)

IN RE the IMPOSITION OF SANCTIONS IN Dawn ALT et al. v. Richard S. CLINE et al.: George BURNETT, Appellant-Petitioner, v. Dawn ALT, Mark Alt and Cody Alt, Respondents. Dawn ALT, Mark Alt and Cody Alt, a minor, by his guardian ad litem, James A. Johnson, Plaintiffs-Respondents, Dr. Ernesto L. ACOSTA, Appellant-Petitioner, v. Richard S. CLINE, M.D.,Charles J. Green, M.D., Women's Health Specialists, S.C., Appleton Medical Center, Physicians Insurance Company of Wisconsin, Sentry Insurance Company, Outagamie County Department of Human Services, State of Wisconsin Department of Health and Social Services, and Wisconsin Patients Compensation Fund, Defendants. STATE of Wisconsin EX REL. Dawn ALT, Mark Alt and Cody Alt, a minor, by his guardian ad litem, James A. Johnson, Petitioners, v. Dr. Ernesto L. ACOSTA, Richard S. Cline, M.D., Charles J. Green, M.D., Women's Health Specialists, S.C., Appleton Medical Center, Physicians Insurance Company of Wisconsin, Sentry Insurance Company, Outgamie County Department of Human Services, State of Wisconsin Department of Health and Social Service, and Wisconsin Patients Compensation Fund, Respondents.

Supreme Court of Wisconsin.

Decided February 18, 1999.


Attorney(s) appearing for the Case

For the appellant-petitioner-respondent, Dr. Ernesto L. Acosta, there was briefs by George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay and oral argument by George Burnett.

For the plaintiffs-respondents-petitioners there were briefs by Thomas Kent Guelzow, Michael L. Laufenberg, and Guelzow & Laufenberg, Ltd., Eau Claire and James A. Johnson and Johnson & Houlihan, S.C., Rhinelander and oral argument by Thomas Kent Guelzow.

For the defendants-respondents, Richards S. Cline, M.D., Women's Health Specialists, S.C., Physicians Insurance Company of Wisconsin and Wisconsin Patients Compensation Fund, there was a brief by Paul H. Grimstad, John F. Mayer and Nash, Spindler, Dean & Grimstad, Manitowoc, and oral argument by Paul Grimstad.

For the defendant-respondent, Appleton Medical Center, there was a brief by Jonathan M. Menn and Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., Appleton and oral argument by Jonathan M. Menn.

Amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, Brookfield for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Mark L. Adams and State Medical Society of Wisconsin, and Jeffrey J. Kassel and LaFollette & Sinykin, all of Madison for the State Medical Society of Wisconsin.


¶ 1. WILLIAM A. BABLITCH, J.

Ernesto L. Acosta, M.D. and his attorney, George Burnett, appeal a decision of the court of appeals requiring Dr. Acosta to answer a certain question posed to him at a deposition and affirming sanctions on Burnett for instructing Dr. Acosta not to answer it. Burnett claims that the question posed required the expert opinion of Dr. Acosta and that Dr. Acosta, although an expert, was not required...

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