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PAUL v. SKEMP

No. 99-1810.

242 Wis.2d 507 (2001)

2001 WI 42

625 N.W.2d 860

Joseph J. PAUL, Judith E. Paul, and The Estate of Jennifer Jo Paul, Plaintiffs-Appellants-Petitioners, v. Frederick C. SKEMP, Jr., M.D., ABC Insurance Company, Virginia A. Updegraff, M.D., DEF Insurance Company, Skemp Clinic, Ltd., and GEH Insurance Company, Defendants-Respondents, WISCONSIN PATIENTS COMPENSATION FUND, Defendant.

Supreme Court of Wisconsin.

Decided May 3, 2001.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by James R. Koby and Parke O'Flaherty, Ltd., La Crosse, and oral argument by James R. Koby.

For the defendants-respondents there was a brief by Virginia L. Newcomb, Patrick S. Nolan and Borgelt, Powell, Peterson & Frauen, S.C., Madison, and oral argument by Virginia L. Newcomb.

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. N. PATRICK CROOKS, J.

The issue in this case is whether the statute of limitations for medical malpractice claims in Wis. Stat. § 893.55 (1995-96)1 bars this action. Joseph J. and Judith E. Paul, and the Estate of Jennifer Jo Paul (collectively the "Pauls") brought this action in La Crosse County Circuit Court against Dr. Frederick Skemp, Dr. Virginia Updegraff and the Skemp Clinic...

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