2010AP258 Weborg, et al. v. Jenny, et al.

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Torts
Medical malpractice; collateral source rule; alternative treatments; jury instructions

Theresa Weborg and her children, who are the surviving spouse and children of William Weborg, appeal judgments finding in favor of Dr. Joseph Rebhan, Dr. Donald Jenny and Dr. Erik Borgnes on the Weborgs’ medical malpractice actions against them. The Weborgs contend they are entitled to a new trial because the circuit court erred in the following three respects: (1) allowing the admission of evidence at trial regarding the amount Theresa received in life insurance proceeds and Social Security as a result of William’s death; (2) including the optional paragraph in Wis JI—Civil 1023; and (3) modifying Wis JI—Civil 260. We disagree and affirm. Not recommended for publication in the official reports.

2010AP258 Weborg, et al. v. Jenny, et al.

Dist III, Door County, Ehlers, J., Sherman, J.

Attorneys: For Appellant: End, J. Michael, Milwaukee; For Respondent: Colwin, David J., Fond du Lac; Heffernan, Michael S., Madison; Van Sicklen, Michael B., Madison

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