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STORM v. LEGION INS. CO.

No. 01-1139.

265 Wis.2d 169 (2003)

2003 WI 120

665 N.W.2d 353

Sheri J. STORM, Tiffany J. Storm, by her guardian ad litem, William Smoler, and Justin S. Storm, by his guardian ad litem, William Smoler, Plaintiffs-Appellants, SELF INSURED SERVICES COMPANY, Involuntary-Plaintiff, Joe LEEAN, Secretary, Department of Health and Family Services, State of Wisconsin, Subrogated-Plaintiff, v. LEGION INSURANCE COMPANY, Kenneth C. Olson, M.D., Joanne Cooper, Cooper Resource Center, Inc. and Wisconsin Patients Compensation Fund, Defendants-Respondents, ABC INSURANCE COMPANY, Defendant, Marcelo CASTILLO, M.D., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 18, 2003.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by William Smoler, Pamela J. Smoler and Smoler Law Office, LLC, Madison, and oral argument by William Smoler.

For defendants-respondents, Legion Insurance Company and Kenneth C. Olson, M.D., there was a brief by Patricia C. White and David D. Patton & Associates, P.C., Bloomfield Hills, Michigan, and Virginia L. Newcomb and Borgelt, Powell, Peterson & Frauen, Madison, and oral argument by Virginia L. Newcomb.

For defendant-respondent, Dr. Marcelo Castillo, there was a brief by Michael J. Hogan, Ellen L. Wiesner, and Hogan, Ritter, Minix & Pasholk, Milwaukee, and oral argument by Michael J. Hogan.

¶ 1. DAVID T. PROSSER, J.

This case is before the court on certification by the court of appeals. Sheri Storm appeals a decision of the Winnebago County Circuit Court, Bruce K. Schmidt, Judge, dismissing a number of the defendants in this action on the basis that her claims alleging medical malpractice were not timely filed.1

¶ 2. Storm's suit alleges that various psychiatric and psychological health care providers negligently...

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