Schneller Ex Rel. Schneller v. St. Mary's Hospital Medical Center

I dissent from the majority's affirmance of the summary judgment in favor of St. Mary's Hospital Medical Center and Dr. W.C. Mussey. The trial court applied the wrong standard in *379deciding the plaintiffs request to name a medical liability expert. Applying the correct legal standard, I conclude that the trial court abused its discretion in denying the plaintiffs request. Applying the incorrect standard — excusable neglect — I nonetheless conclude that the plaintiffs were entitled to their motion.

I

APPLICATION OF SEC. 801.15(2)(a), STATS.

Section 801.15(2)(a), Stats., provides in part:

When an act…