Legal Opinion

Phelps v. Physicians Insurance

Wisconsin Supreme Court

Decided July 10, 2009No. 2006AP2599PublishedCited by 53 opinions

1Opinion of the CourtPatience Drake Roggensack, J.

¶ 1. We review a published decision of the court of appeals,1 which reversed in part and affirmed in part a decision of the circuit court.2 There are two questions presented for our review: (1) whether Dr. Matthew Lindemann (Lindemann) was a borrowed employee of St. Joseph's Hospital of Milwaukee (St. Joseph's), and was therefore an employee of a health care provider subject to Wis. Stat. ch. 655 and Wis. Stat. § 893.55(4) (1997-98);3 and *9(2) whether Gregory Phelps (Gregory) can recover damages caused by Lindemann's negligence on a theory of the negligent infliction of emotional distress to a…

2Cases cited43 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. State Ex Rel. Strykowski v. WilkieWisconsin Supreme Court · 1978
  3. Bowen v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1994
  4. Wenke Ex Rel. Laufenberg v. Gehl Co.Wisconsin Supreme Court · 2004
  5. Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008

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3Cited by53 opinions

  1. Jendusa-Nicolai v. LarsenCourt of Appeals for the Seventh Circuit · 2012
  2. Spangler v. BechtelIndiana Supreme Court · 2011
  3. Amjad T. Tufail v. Midwest Hospitality, LLCWisconsin Supreme Court · 2013
  4. Portage Cnty. v. J.W.K. (In Re Mental Commitment of J.W.K.)Wisconsin Supreme Court · 2019
  5. State v. CarterWisconsin Supreme Court · 2010

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