Legal Opinion

Lund v. Kokemoor

Court of Appeals of Wisconsin

Decided July 5, 1995No. 95-0453PublishedCited by 12 opinions

1Opinion of the CourtMyse, J.

Roger Lund and Donna Stafsholt appeal an interlocutory order dismissing their demand for punitive damages in their medical malpractice action against Richard Kokemoor, M.D., and his insurers. Lund and Stafsholt contend that under § 893.55(5), STATS., punitive damages are recoverable in medical malpractice actions as "[o]ther economic injuries and damages." Accordingly, they argue that the trial court erred by dismissing their demand for punitive damages. Because we conclude that the legislature did not include punitive damages for medical malpractice actions, the order is affirmed.

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2Cases cited10 opinions

  1. Ball v. District No. 4, Area BoardWisconsin Supreme Court · 1984
  2. Brown v. MaxeyWisconsin Supreme Court · 1985
  3. State v. EichmanWisconsin Supreme Court · 1990
  4. Cieslewicz Ex Rel. Finerty v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1978
  5. L.L. v. Medical Protective Co.Court of Appeals of Wisconsin · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Landis v. Physicians Insurance Co. of Wisconsin, Inc.Wisconsin Supreme Court · 2001
  2. Maurin v. HallWisconsin Supreme Court · 2004
  3. McEvoy Ex Rel. Finn v. Group Health Cooperative of Eau ClaireWisconsin Supreme Court · 1997
  4. Storm Ex Rel. Smoler v. Legion InsuranceWisconsin Supreme Court · 2003
  5. Webb v. Ocularra Holding, Inc.Court of Appeals of Wisconsin · 1999

7 more not listed; retrieve them via the Exa API.

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