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BARNEY BY LOWE v. MICKELSON

No. 2017AP1616.

942 N.W.2d 891 (2020)

2020 WI 40

London Scott BARNEY, a minor, BY David P. LOWE, his guardian ad litem and Raquel Barney, Plaintiffs-Appellants, State of Wisconsin Department of Health and Family Services, Involuntary-Plaintiff, United Health Care of Wisconsin, Inc., Intervenor, v. Julie MICKELSON, MD, Columbia St. Mary's Hospital Milwaukee, Inc. and Injured Patients and Families Compensation Fund, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Opinion Filed: April 24, 2020.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners Julie Mickelson, M.D. and Columbia St. Mary's Hospital Milwaukee, Inc., there were briefs filed by James R. Gutglass , Bradley S. Foley , Jason M. Prekop and Gutglass, Erickson, Larson & Schneider, S.C., Milwaukee. There was an oral argument by James R. Gutglass.

For the defendant-respondent-petitioner Injured Patients and Families Compensation Fund, there were briefs filed by Todd M. Weir , Jason J. Franckowiak and Otjen Law Firm, S.C., Waukesha. There was an oral argument by Todd M. Weir.

For the plaintiffs-appellants London Scott Barney and Raquel Barney, there was a brief filed by Kent A. Tess-Mattner , Amy Hetzner and Schmidt, Rupke, Tess-Mattner & Fox, S.C., Brookfield. There was an oral argument by Jeffrey M. Goldberg.

DALLET, J., delivered the majority opinion for a unanimous Court.

¶1 This case centers on whether, based on the evidence introduced at trial, a circuit court properly instructed a jury on the "alternative methods" paragraph of Wis JI—Civil 1023 (2019) (the "alternative methods instruction").

¶2 London Barney was born with severe and permanent neurologic injuries...

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