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PHELPS v. PHYSICIANS INS. CO. OF WISCONSIN

No. 2006AP2599.

744 N.W.2d 880 (2007)

2008 WI App 6

Gregory PHELPS, Marlene L. Phelps, Estate of Adam Phelps, Deceased, by his Special Administrator, Gregory G. Phelps, Caroline Phelps and Kyle Phelps, minors, by their Guardian ad Litem, William M. Cannon, Plaintiffs-Respondents-Cross-Appellants v. PHYSICIANS INSURANCE CO. OF WISCONSIN, INC., a Wisconsin insurance corporation, Matthew Lindemann, M.D., Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 4, 2007.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of Michael B. Van Sicklen, Mark L. Langenfeld, and Matthew D. Lee of Foley & Lardner, LLP, of Milwaukee, with oral argument by Michael B. Van Sicklen.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of William M. Cannon, Sarah F. Kaas and Edward E. Robinson of Cannon & Dunphy, S.C., of Brookfield, with oral argument by William M. Cannon.

Before CURLEY, P.J., WEDEMEYER and FINE, JJ.

¶ 1 CURLEY, P.J.

Physicians Insurance Company of Wisconsin, Inc. and Matthew Lindemann, M.D. (collectively referred to as PIC), appeal the trial court's order reinstating the $200,000 award to Gregory Phelps (Gregory) for his emotional distress and permanent injuries caused as a result of witnessing the birth of his son, Adam, who died due to the negligence of Dr. Lindemann and St. Joseph's Hospital, as determined in a bench trial.1

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