YOUNG v. AURORA MEDICAL CENTER OF WASHINGTON COUNTY

No. 03-0224.

272 Wis. 2d 300 (2004)

2004 WI App 71

679 N.W.2d 549

Theresa M. Young and William H. Young, III, Plaintiffs-Appellants, Hydrite Chemical Company Health and Welfare Plan 502, Signicast Medical, Prescription Drug and Short Term Disability Plan, Involuntary-Plaintiffs, v. Aurora Medical Center of Washington County, Inc. f/k/a Hartford Memorial Hospital, Aurora Medical Group, Inc., Hartford Clinic, Mary Rashel, CRNA, The Medical Protective Company, and The Wisconsin Patient's Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 18, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Sean N. Duffey and Daniel J. O'Brien of Schulz, Duffey & O'Brien, S.C., Milwaukee.

On behalf of the defendants-respondents, Aurora Medical Center, Aurora Medical Group, Inc., Hartford Clinic, Mary Rashel, CRNA and the Medical Protective Co., the cause was submitted on the brief of Randal N. Arnold and David J. Hanus of Hinshaw & Culbertson, Milwaukee.

On behalf of the defendant-respondent, Wisconsin Patient's Compensation Fund, the cause was submitted on the brief of Paul J. Kelly and Mark K. Longua of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee.

Before Deininger, P.J., Vergeront and Higginbotham, JJ.


¶ 1. DEININGER, P.J.

Theresa and William Young appeal an order dismissing as time-barred their complaint against Aurora Medical Center and the Wisconsin Patient's Compensation Fund. The Youngs argue that the trial court erred in dismissing their action because two statutes, WIS. STAT. §§ 893.12 and 655.44(4) (2001-02),1 operate to extend and toll the three-year statute of limitations...

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