01-1626 Gardner, et al. v. Wisconsin Patients Compensation Fund, et al.

By: dmc-admin//March 4, 2002//

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Sinai Samaritan Medical Center, Inc. (Sinai) appeals the judgments entered against it following a jury trial in a medical malpractice action brought by Kira Gardner and her parents against Sinai and Dr. Richard Panish. Sinai argues that it is entitled to a new trial because the special verdict failed to list Kira’s mother, Barbara Gardner, in the comparative fault question. Because sufficient evidence was admitted into evidence which, if believed by the jury, established Kira’s mother’s causal negligence and the inclusion of Barbara on the verdict may have resulted in a different verdict, we reverse and remand for a new trial.

This opinion will not be published.

Dist I, Milwaukee County, Hansher, J., Per Curiam

Attorneys:

For Appellant: Randal N. Arnold, Milwaukee; David J. Hanus, Milwaukee

For Respondent: Timothy J. Aiken, Milwaukee; David M. Skoglind, Milwaukee; James C. Gallanis, Milwaukee

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