2009AP2013 Worden, et al. v. Stockwell M.D., et al.

By: WISCONSIN LAW JOURNAL STAFF//September 21, 2010//

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Civil Procedure
Common fund doctrine; attorney fees

Security Health Plan of Wisconsin, Inc., appeals that part of a judgment awarding Autumn Worden attorneys’ fees and costs from subrogated medical expenses that had been awarded to Security during Worden’s medical malpractice trial. Security argues the court erred by applying the common fund doctrine to the facts of this case. Alternatively, Security argues Worden has either waived or is estopped from seeking attorneys’ fees under the common fund doctrine. We reject these arguments and affirm the judgment. This opinion will not be published.

2009AP2013 Worden, et al. v. Stockwell M.D., et al.

Dist III, Oneida County, Fox, J., Per Curiam

Attorneys: For Appellant: Sandfort, Randall J., Marshfield; Roman, Michael J., Wausau; For Respondent: Laufenberg, Lynn R., Milwaukee; Lowe, David P., Milwaukee; Janet, Howard A., Baltimore, MD; Offutt, Steven C., Baltimore, MD

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