Kasbaum v. Lucia

EICH, J. Drs.

George Lucia and Richard Graf and Madison General Hospital appeal from an order denying their motions for summary judgment dismissing this medical malpractice action. The issue is whether the trial court lacked jurisdiction because the controversy was not first heard and determined by a patients compensation panel as required by sec. 655.04(1)03), Stats. We answer the question in the affirmative and therefore reverse.

In reviewing grants or denials of summary judgment, we employ the same methodology as the trial court. We look first to the pleadings to see whether the plaintiff…