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MORRISON v. RANKIN

No. 2006AP980.

738 N.W.2d 588 (2007)

2007 WI App 186

Elizabeth L. MORRISON, Plaintiff-Respondent, v. Thomas V. RANKIN, M.D., Defendant-Appellant, The Medical Protective Company and Wisconsin Patients Compensation Fund, Defendants-Co-Appellants, Sacred Heart Hospital, ABC Insurance Company and XYZ Insurance Company, Defendants, Physicians Plus Insurance Corp., CIGNA Healthcare and Medicare Parts A & B, Subrogated Defendants.

Court of Appeals of Wisconsin.

Opinion Filed July 26, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Scott L. Howie of Pretzel & Stouffer Chartered, Chicago, IL, and William R. Wick and Eric G. Nycz of Nash, Spindler, Grimstad & McCracken, LLP, Manitowoc.

On behalf of the defendant-co-appellant The Medical Protective Company, the cause was submitted on the briefs of Thomas R. Schrimpf of Hinshaw & Culbertson LLP, Milwaukee.

On behalf of the defendant-co-appellant Wisconsin Patients Compensation Fund, the cause was submitted on the briefs of Mark E. Larson and Bradley S. Foley of Gutglass, Erickson, Bonville & Larson, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of C.M. Bye and Tracy N. Tool of Bye, Goff, Rohde & Skow, Ltd., River Falls.

Before VERGERONT, HIGGINBOTHAM and BRIDGE, JJ.

¶ 1 BRIDGE, J.

Dr. Thomas Rankin, the Medical Protective Company ("Medical Protective"), and the Wisconsin Patients Compensation Fund ("the Fund"), appeal from an order directing a verdict against Rankin on the issue of informed consent in a medical malpractice action. The directed verdict was a sanction imposed by the court for spoliation of evidence. They argue that the sanction of a directed verdict against Rankin was an erroneous exercise of discretion by...

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