LANDIS v. PHYSICIANS INS. CO.

No. 00-0330.

238 Wis.2d 190 (2000)

2000 WI App 164

616 N.W.2d 910

Phyllis M. LANDIS, individually, and as personal representative for the estate of Edward E. Landis, Plaintiffs-Respondents, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., Midelfort Clinic, Ltd., Mayo Health System, Luther Hospital and Wisconsin Patients Compensation Fund, Defendants-Appellants, M. Terry MCENANY, M.D., Defendant.

Court of Appeals of Wisconsin.

Decided July 11, 2000.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Joy L. O'Grosky, Edith F. Merila and Timothy J. Cesar and Axley Brynelson, LLP of Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of J. Drew Ryberg and Michael J. Happe and Kelly & Ryberg, S.C. of Eau Claire.

Before Cane, C.J., Hoover, P.J., and Schudson, J.


¶ 1. HOOVER, P.J.

Luther Hospital2 appeals an order denying as untimely its motion to dismiss the medical malpractice claim brought by Phyllis Landis individually and as personal representative of the estate of Edward Landis. Edward died as a result of alleged medical malpractice. Phyllis, his surviving spouse, requested mediation pursuant to WIS. STAT. § 655.443 within five years of Edward's death...

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