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 and Matthew Lindemann, M.D., Defendants-Appellants-Cross-Respondents-Petitioners.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued March 5, 2009.
Decided July 10, 2009.
Attorney(s) appearing for the Case
For the defendants-appellants-cross-respondents-petitioners there were briefs by Michael B. Van Sicklen, Katherine C. Smith, and Foley & Lardner LLP, Madison, and oral argument by Michael B. Van Sicklen.
For the plaintiffs-respondents-cross-appellants there were briefs by William M. Cannon, Sarah F. Kaas, Edward E. Robinson, and Cannon & Dunphy, S.C., Brookfield, and oral argument by William M. Cannon.
An amicus curiae brief was filed by Martha H. Heidt and Bye, Goff, Rhode & Skow, Ltd., River Falls, on behalf of the Wisconsin Association for Justice.
An amicus curiae brief was filed by Timothy J. Muldowney, Robert J. Dreps, Jennifer L. Peterson, and Godfrey & Kahn SC, Madison; Ruth Heitz and Wisconsin Medical Society, Madison; and Leonard Nelson and AMA Litigation Center, Chicago, on behalf of the Wisconsin Medical Society and the American Medical Association.
Supreme Court of Wisconsin.
¶ 1 PATIENCE DRAKE ROGGENSACK, J.
We review a published decision of the court of appeals,1 which reversed in part and affirmed in part a decision of the circuit court.2 There are two questions presented for our review: (1) whether Dr. Matthew Lindemann (Lindemann) was a borrowed employee of St. Joseph's Hospital of Milwaukee (St. Joseph's), and was therefore...
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