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HOFFMAN v. RANKIN

No. 01-3202.

256 Wis.2d 678 (2002)

2002 WI App 189

649 N.W.2d 350

Margaret HOFFMAN and Neil Hoffman, Plaintiffs-Appellants, v. Thomas V. RANKIN, M.D., The Medical Protective Company, and Wisconsin Patients Compensation Fund, Defendants-Respondents, AARP CLAIM UNIT and Medicare Parts A & B, Defendants.

Court of Appeals of Wisconsin.

Decided June 11, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of C.M. Bye of Bye, Goff & Rohde, Ltd. of River Falls.

On behalf of the defendants-respondents, Thomas V. Rankin, M.D., and The Medical Protective Company, the cause was submitted on the brief of William R. Wick of Nash, Spindler, Grimstad & McCracken LLP of Manitowoc.

On behalf of the defendant-respondent, Wisconsin Patients Compensation Fund, the cause was submitted on the brief of Mark E. Larson of Gutglass, Erickson, Bonville, Seibel & Falkner, S.C. of Milwaukee.

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

¶ 1. CANE, C.J.

Neil and Margaret Hoffman appeal the dismissal of their medical negligence action against Thomas Rankin, M.D., the Medical Protective Company and the Wisconsin Patients Compensation Fund (hereinafter, "the respondents").1 The sole issue involves the interpretation of WIS. STAT. § 655.445.2 Specifically, we must decide whether "mailing" is the equivalent of "filing" within the meaning...

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