Torts — professional negligence — limitations

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Wisconsin Court of Appeals

Civil

Torts — professional negligence — limitations

This case arises out of a commercial dispute between a doctor and his former patient concerning their joint venture to develop real property. On appeal, the former patient, Mark E. Carstensen, contends that the circuit court erred in granting summary judgment on his professional negligence claim against Dr. Daniel J. Goeckner.[1] Goeckner cross-appeals, arguing that the circuit court erred in entering its costs judgment after the conclusion of trial on the remaining claims.

We conclude that the circuit court erred in granting summary judgment on Carstensen’s professional negligence claim against Goeckner. Because we reverse and remand so that a trial can be held on that claim, we decline to address the costs judgment. After Carstensen’s claim is resolved and the case is completed, the circuit court can enter a new costs judgment. This opinion will not be published.

2011AP905 Goeckner v. Carstensen et al.

Dist II, Ozaukee County, Malloy, J., Per Curiam

Attorneys: For Appellant: St. John, Thomas W., Milwaukee; Peltz, Joseph M., Milwaukee; For Respondent: Mingo, Mark J., Milwaukee; Fasi, Joseph M., II, Milwaukee; Crahan, Jean-Marie, Milwaukee; Bennett, Brooke, Milwaukee