MANKE v. PHYSICIANS INS. CO. OF WISCONSIN, INC.

No. 2005AP1103.

289 Wis.2d 750 (2006)

2006 WI App 50

712 N.W.2d 40

Nina MANKE and Johanna L. Manke, Plaintiffs-Appellants, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., David J. Hendrickson, M.D., Franciscan Skemp Medical Center, a/k/a Franciscan Skemp Healthcare, Inc., Wisconsin Patients Compensation Fund, WEA Insurance and ABC Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 9, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gregory J. Egan, Esquire, O'Flaherty Heim Egan, Ltd., La Crosse.

On behalf of the defendant-respondent, Wisconsin Patients Compensation Fund, the cause was submitted on the brief of Tom Rusboldt and Christine A. Gimber, Weld, Riley, Prenn & Ricci, S.C., Eau Claire; and on behalf of the defendants-respondents, Physicians Insurance Company of Wisconsin, Inc., David J. Hendrickson, M.D., and Franciscan Skemp Medical Center, the cause was submitted on the brief of John W. Markson and Sheila M. Sullivan, Bell, Gierhart & Moore, S.C., Madison.

Before Dykman, Vergeront and Deininger, JJ.


¶ 1. VERGERONT, J.

In this medical malpractice action, the primary issue on appeal is whether the circuit court erred in setting aside the jury verdict against the defendants and ordering a new trial because a juror brought a dictionary definition of "neglect" into the jury room. The circuit court determined that this was extraneous information and was prejudicial. While

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