Manitowoc Public Schools Self-Insured v. Wisconsin Patients Compensation Fund

¶ 58. (dissen-, ting). The majority holding in this case, authored by Chief Justice Abrahamson, is that the Finnegans' claim does not fit within the third factor in Bowen. I disagree and will address this issue first. The lead opinion, authored by Justice Sykes, concludes that the Finne-gans' claim is not permissible under chapter 655 because it is not derivative. I disagree and will address this issue second.

I

¶ 59. The majority holding, which concludes that Bowen does not permit recovery in this case, is simply wrong. The majority holding does not, because it cannot, articulate a principled…