Schlumpf v. Yellick

This is an appeal from a judgment and order 1 of the circuit court, dismissing the complaint of Carol Schlumpf for medical malpractice against the defendant physicians on the ground that the action was not brought within the period of limitations set forth in sec. 893.205(1), Stats 1975. 2

The principal question presented on appeal is: Under sec. 801.02(1), Stats. 1975, 3 when the summons and complaint were filed with the circuit court but never served on the named defendants, and an amended summons and complaint merely adding another defendant were both filed and served within sixty days of…