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ENEA v. LINN

No. 01-2781.

256 Wis.2d 714 (2002)

2002 WI App 185

650 N.W.2d 315

Ryan J. ENEA, a minor by his Guardian ad Litem Charles W. Jones, Robin R. Enea, and John J. Enea, Plaintiffs-Appellants, MILWAUKEE PRINTING PRESSMEN AND ASSISTANTS' LOCAL No. 7 HEALTH PLAN, Subrogated-Plaintiff-Respondent, v. James G. LINN, M.D., St. Mary's Hospital of Milwaukee and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 18, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Charles W. Jones of Charles W. Jones & Associates, Milwaukee.

On behalf of the defendants-respondents, James G. Linn, M.D.; St. Mary's Hospital of Milwaukee, and Wisconsin Patients Compensation Fund, the cause was submitted on the joint brief of Donald K. Schott, Jeffrey O. Davis, and Cory L. Nettles of Quarles & Brady LLP, Milwaukee; James R. Gutglass and Sharon R. Long of Gutglass, Erickson, Bonville, Seibel & Falkner, S.C., Milwaukee; and Donald Peterson and Michael J. Wirth of Peterson, Johnson & Murray, S.C., Milwaukee.

On behalf of the subrogated plaintiff-respondent, Milwaukee Printing Pressmen and Assistants' Local No. 7 Health Plan, the cause was submitted on the brief of Richard P. Carr and Sarah Ann Huck of Reinhart Boerner Van Deuren S.C., Milwaukee.

Before Fine, Schudson and Peterson, JJ.

¶ 1. FINE, J.

Ryan J. Enea, a minor, and his parents, Robin R. Enea and John J. Enea, appeal from the trial court's order granting summary judgment in favor of James G. Linn, M.D., St. Mary's Hospital of Milwaukee, and the Wisconsin Patients Compensation Fund. The Eneas filed a medical malpractice claim against the defendants after Ryan was born with severe brain damage. The trial court concluded that the Eneas could not establish the element of causation because...

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