Legal Opinion · Dissent

Green v. United States

Court of Appeals for the Seventh Circuit

Decided June 7, 1983No. 82-1475Published

1DissentCoffey, Circuit Judge

I respectfully dissent from the majority’s decision affirming the district court’s finding that Cardiovascular Surgery Associates were not responsible for the alleged malpractice of Dr. Stanford under the Wisconsin Borrowed Servant Doctrine. I am compelled to dissent because the district court and the majority of the panel of this court have misconstrued Wisconsin’s Borrowed Servant Doctrine. The proper application of the decisions of Wisconsin’s Supreme Court to the facts of this case mandates that this court hold that Dr. Stanford was an employee of CVSA and that any negligence attributed…

2Cases cited9 opinions

  1. Seaman Body Corp. v. Industrial CommissionWisconsin Supreme Court · 1931
  2. Bonnie J. Bissell v. Edmond J. McElligott Etc., Sylvia Lynn Gampher v. Edmond J. McElligott Etc.Court of Appeals for the Eighth Circuit · 1966
  3. DePratt v. SergioWisconsin Supreme Court · 1981
  4. Huckstorf v. Vince L. Schneider EnterprisesWisconsin Supreme Court · 1968
  5. Springfield Lumber, Feed & Fuel Co. v. Industrial CommissionWisconsin Supreme Court · 1960

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