ELLSWORTH v. SCHELBROCK

No. 98-0294.

235 Wis.2d 678 (2000)

2000 WI 63

611 N.W.2d 764

Hope J. ELLSWORTH, and Adam John Ellsworth, David Michael Gibson, Jr., and Lewis Jadwin Asfeld, minors, by their Guardian ad Litem, Timothy J. O'Brien, Plaintiffs-Respondents-Cross-Appellants, DUNN COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff-Respondent, v. Mark A. SCHELBROCK, Defendant-Appellant-Petitioner, MSI INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Co-Appellant, GENERAL MOTORS CORPORATION, Defendant-Third-Party Defendant-Respondent-Cross-Respondent, ABC INSURANCE COMPANY, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided June 22, 2000.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by James A. Pelish, Willem J. Noorlander and Thrasher, Doyle, Pelish & Franti, Ltd., Rice Lake, and oral argument by James A. Pelish.

For the plaintiffs-respondents-cross appellants there was a brief by James A. Drill, Brian H. Sande and Doar, Drill & Skow, S.C., New Richmond, and oral argument by Brian H. Sande.

An amicus curiae brief was filed by Arthur P. Simpson and Simpson & Deardorff, Milwaukee, on behalf of Civil Trial Counsel of Wisconsin.

An amicus curiae brief was filed by Edward E. Robinson and Cannon & Dunphy, S.C., Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.


¶ 1. WILLIAM A. BABLITCH, J.

Mark A. Schelbrock (Schelbrock) seeks review of a published opinion by the court of appeals applying the collateral source rule to Medical Assistance payments. Ellsworth v. Schelbrock, 229 Wis.2d 542, 600 N.W.2d 247 (Ct. App. 1999). Under the collateral source rule, the amount of damages awarded to a person injured because of another individual's tortious...

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