VanHIERDEN v. SWELSTAD

No. 2009AP544.

779 N.W.2d 441 (2009)

2010 WI App 16

Ronald J. VanHIERDEN, Plaintiff-Appellant, v. Jack SWELSTAD, M.D. and Injured Patients and Families Compensation Fund, Defendants-Respondents, Transportation Insurance Company, Subrogated Defendant.

Court of Appeals of Wisconsin.

Opinion Filed December 30, 2009.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Philip A. Munroe of Di Renzo & Bomier, LLC, Neenah.

On behalf of the defendant-respondent Jack Swelstad, M.D., the cause was submitted on the briefs of Robert L. McCracken and Ryan R. Graff, Manitowoc.

On behalf of the defendant-respondent Injured Patients and Families Compensation Fund, the cause was submitted on the brief of George Burnett and T. Wickham Schmidt of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

Before LUNDSTEN, HIGGINBOTHAM and BRIDGE, JJ.


¶ 1 BRIDGE, J.

Ronald VanHierden brought suit against Dr. Jack Swelstad and the Injured Patients and Families Compensation Fund for breach of contract due to Dr. Swelstad's failure to cure VanHierden's pain. The circuit court granted Dr. Swelstad's motion for summary judgment, ruling as a matter of law that no contract to cure was formed. We agree and therefore affirm.

BACKGROUND

¶ 2 On February 20, 2002, VanHierden injured his left thumb...

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