Legal Opinion
Paynter v. Proassurance Wis. Ins. Co.
Court of Appeals of Wisconsin
Decided March 27, 2018No. Appeal No. 2017AP739PublishedCited by 2 opinions
1Opinion of the CourtStark, P.J.
*242¶1 David and Kathryn Paynter sued Dr. James Hamp, alleging he negligently failed to diagnose David's cancer. The circuit court granted Hamp summary judgment. It concluded Wisconsin's borrowing statute, WIS. STAT . § 893.07 (2015-16),1 applied *243to the Paynters' lawsuit, and their claims were therefore subject to Michigan's statute of limitations for medical malpractice actions. Applying the Michigan statute of limitations, the court concluded the Paynters' lawsuit was not timely filed.
¶2 The circuit court applied an incorrect legal standard in determining the Paynters' lawsuit was subject to…
2Cases cited20 opinions
- Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
- Paul v. SkempWisconsin Supreme Court · 2001
- Wenke Ex Rel. Laufenberg v. Gehl Co.Wisconsin Supreme Court · 2004
- State v. HoltCourt of Appeals of Wisconsin · 1985
- State Farm Mutual Automobile Insurance v. GilletteWisconsin Supreme Court · 2002
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3Cited by2 opinions
- Paynter v. Proassurance Wis. Ins. Co.Wisconsin Supreme Court · 2019
- David W. Paynter v. ProAssurance Wisconsin Insurance CompanyWisconsin Supreme Court · 2019