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LAMOREUX v. ORECK

No. 03-2045.

275 Wis.2d 801 (2004)

2004 WI App 160

686 N.W.2d 722

Nancy LAMOREUX, Plaintiff-Appellant, v. Dr. Stephen L. ORECK and University of Wisconsin Medical Foundation, Inc., Defendants-Respondents, WISCONSIN PATIENTS COMPENSATION FUND, Meriter Hospital, Inc. and Medicare, Defendants.

Court of Appeals of Wisconsin.

Decided July 15, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Patrick T. Tierney and Christopher K. Wachtler, Collins Buckley Sauntry & Haugh, P.L.L.P., St. Paul, Minnesota. There was oral argument by Patrick T. Tierney.

On behalf of the defendant-respondent, Dr. Stephen L. Oreck, the cause was submitted on the brief of James McCambridge, asst. attorney general, and Peggy A. Lautenschlager, attorney general. There was oral argument by James McCambridge.

On behalf of the defendant-respondent, University of Wisconsin Medical Foundation, Inc., the cause was submitted on the brief of Steven P. Means and Roisin H. Bell, Michael Best & Friedrich LLP, Madison. There was oral argument by Steven P. Means.

Before Vergeront, Lundsten and Higginbotham, JJ.

¶ 1. VERGERONT, J.

The circuit court in this medical malpractice action concluded that, based on the undisputed facts, Dr. Steven Oreck was a state employee and was acting within the scope of his state employment when he provided the allegedly negligent care. Because no notice of claim was filed under WIS. STAT. § 893.82(3),1 the court entered summary judgment dismissing the claim...

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