Gauger v. Mueller

Eileen and William Gauger appeal from a judgment dismissing their claims against Drs. C.E. Mueller and J.H. Kelertas, Boscobel Clinic, Memorial Hospital of Boscobel, and their respective insurers. The Gaugers had moved the court for an order extending the sec. 655.465(7), Stats., ninety-day time period to allow them to participate in ch. 655 mediation. The trial court denied the motion, concluding that the Gaugers’ failure to participate in a mediation session within the statutory time period deprived the court of competency to exercise its jurisdiction, requiring dismissal of their claims.…