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LEWIS v. PHYSICIANS INS. CO. OF WISCONSIN

No. 99-0001.

235 Wis.2d 198 (2000)

2000 WI App. 95

612 N.W.2d 389

Norvin LEWIS and Delores Lewis, Plaintiffs-Respondents, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, Jay Seldera, M.D. and Wisconsin Patients Compensation Fund, Defendants-Appellants, LAKELAND MEDICAL CENTER, The Dean Health Plan, Inc. and Donna Shalala, Defendants.

Court of Appeals of Wisconsin.

Decided April 25, 2000.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Christopher P. Riordan of Crivello, Carlson, Mentkowski & Steeves, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Timothy J. Aiken and James C. Gallanis of Aiken & Scoptur, S.C., of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. FINE, J.

Physicians Insurance Company of Wisconsin, Jay Seldera, M.D., and the Wisconsin Patient's Compensation Fund appeal from a judgment entered against them in favor of Norvin and Delores Lewis. The trial court held that Dr. Seldera was vicariously liable for the negligence of two operating-room nurses even though Dr. Seldera was not himself negligent and did not employ the nurses. We reverse.

I.

¶ 2. The parties have stipulated...

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