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PAYNTER v. PROASSURANCE WISCONSIN INS. CO.

Appeal No. 2017AP739.

911 N.W.2d 374 (2018)

2018 WI App 27

David W. PAYNTER and Kathryn M. Paynter, Plaintiffs-Appellants, v. PROASSURANCE WISCONSIN INSURANCE COMPANY, James A. Hamp and American Physicians Assurance Corporation, Defendants-Respondents, Continental Casualty Company, Wisconsin Injured Patients and Families Compensation Fund, Keith A. Henry and Blue Cross Blue Shield of Michigan, Defendants.

Court of Appeals of Wisconsin.

Filed March 27, 2018.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D. James Weis and Susan R. Tyndall of Habush, Habush & Rottier, S.C., Waukesha. There was oral argument by D. James Weis.

On behalf of the defendant-respondent, ProAssurance Wisconsin Insurance Company, the cause was submitted on the brief of Mark E. Larson and Bradley S. Foley of Gutglass, Erickson, Bonville & Larson, S.C., Milwaukee. There was oral argument by Mark E. Larson.

On behalf of defendants-respondents, James A. Hamp and American Physicians Assurance Corporation, the cause was submitted on the brief of Lori Gendelman and Jason J. Franckowiak of Otjen, Gendelman, Zitzer, Johnson & Weir, S.C., Waukesha. There was oral argument by Jason J. Franckowiak.

Before Stark, P.J., Hruz and Seidl, JJ.

¶ 1 David and Kathryn Paynter sued Dr. James Hamp, alleging he negligently failed to diagnose David's cancer. The circuit court granted Hamp summary judgment. It concluded Wisconsin's borrowing statute, WIS. STAT. § 893.07 (2015-16),1 applied to the Paynters' lawsuit, and their claims were therefore...

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