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CULBERT v. CIRESI

No. 02-3320.

266 Wis.2d 189 (2003)

2003 WI App 158

667 N.W.2d 825

Anna G. CULBERT, Plaintiff-Appellant, VALLEY HEALTH PLAN, by its recovery agent, Meridan Resource Company, Intervening Plaintiff, ABC INSURANCE COMPANY, Subrogated-Plaintiff, v. Dr. David CIRESI, Luther Hospital, Midelfort Clinic, Dr. Richard Cochrane and Eau Claire Anesthesiologists, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 17, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mark L. Krueger of Greenhalgh & Krueger, S.C. of Baraboo.

On behalf of the defendants-respondents, Dr. David Ciresi, Luther Hospital, and Midelfort Clinic, the cause was submitted on the brief of Donald K. Schott of Quarles & Brady, LLP of Madison.

On behalf of the defendants-respondents, Dr. Richard Cochrane and Eau Claire Anesthesiologists, the cause was submitted on the brief of Barrett J. Corneille of Corneille Law Group, LLC of Madison.

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

¶ 1. PETERSON, J.

Anna Culbert appeals an order dismissing her medical malpractice claim because the statute of limitations had expired. She argues: (1) the statute of limitations was tolled by her original federal action, and (2) equitable estoppel bars the defendants from raising the statute of limitations as a defense. We disagree and affirm the order.

BACKGROUND

¶ 2. On September 22, 1998, Culbert underwent surgery to her right leg...

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