Negligence – Malpractice

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WI Court of Appeals – District III

Case Name: Michael J. Suhs, et al., v. Proassurance Casualty Company, et al.,

Case No.: 2019AP1062

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Negligence – Malpractice

Michael Suhs and his minor daughter, Megan Suhs, (collectively, “Suhs”) appeal an order dismissing their medical negligence and loss of society and companionship claims against Mark A. Gardon, M.D., Proassurance Casualty Company, Baycare Clinic, LLP – Neurological Surgeons, and the Injured Patients and Families Compensation Fund (collectively, “Gardon”). Following the close of Suhs’ evidence at a jury trial, the circuit court granted Gardon’s motion to dismiss under WIS. STAT. § 805.14(3) (2017-18), concluding Suhs had failed to present sufficient evidence to prevail on his medical negligence claim. We conclude the court properly granted Gardon’s motion to dismiss because Suhs failed to present sufficient evidence to allow the jury to determine what, if any, damages Suhs sustained as a result of Gardon’s alleged negligence. We therefore affirm the order dismissing Suhs’ claims.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.