Erbstoeszer Ex Rel. Leyes v. American Casualty Co.

Evelyn Erbstoeszer, a patient at the University of Wisconsin Hospital in Madison, was. injured while walking with a hospital nurse, Natalie Witte. She stied Witte and her insurer, American Casualty Company, for damages; she appeals from a judgment dismissing her complaint. The issues are whether the trial court erred when it: (1) dismissed Erbstoeszer's claim against Witte based on sec. 51.61, Stats., which gives mental health patients the right to prompt and adequate treatment; (2) permitted Witte's attorney to ask leading questions of one of her own witnesses; and (3) quashed Erbstoeszer's…