1. Home
  2. Browse Decisions
  3. Wis.2d
  4. 236 Wis.2d
  5. 236 Wis.2d 257 (2000)
 

YAHNKE v. CARSON

No. 99-0056.

236 Wis.2d 257 (2000)

2000 WI 74

613 N.W.2d 102

Cathy R. YAHNKE, Bruce E. Yahnke, Melissa Yahnke, and Bruce Yahnke, Jr., Plaintiffs-Appellants, The CONNECTICUT INDEMNITY COMPANY, Plaintiff-Co-Appellant, v. Larry V. CARSON, M.D., Jovan L. Djokovic, M.D., Physicians Insurance Company of Wisconsin, Inc., and Patients Compensation Fund, Defendants-Respondents-Petitioners, MERCY HOSPITAL OF JANESVILLE, Wisconsin Development Foundation, Inc., Ohic Insurance Company, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 30, 2000.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Barrett J. Corneille, David J. Pliner and Corneille Law Group, L.L.C., Madison, and oral argument by David J. Pliner.

For the plaintiffs-appellants there was a brief by Thomas E. Greenwald and Oliver, Close, Worden, Winkler & Greenwald, Rockford, Illinois, and oral argument by Thomas E. Greenwald.

¶ 1. DIANE S. SYKES, J.

This case raises the question of whether Wisconsin should adopt the federal "sham affidavit" rule as part of its summary judgment procedure. The issue arises because the plaintiffs in this medical malpractice action responded to the defendants' summary judgment motion by submitting an expert witness affidavit that contradicted the expert's deposition testimony. The circuit court applied the federal rule, which generally prohibits affidavits...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases