Miller Ex Rel. Sommer v. Kretz

John Miller, a minor (D.O.B. 3-10-82), through his guardian ad litem, Richard Sommer, appeals an award of a partial summary judgment ruling §§ 893.55 and 893.56, Stats., constitutional. Miller contends that § 893.55(l)(b), the medical malpractice statute of limitation, violates the equal protection clauses of the Wisconsin and United States Constitutions. Because we conclude that § 893.55 is constitutional under an equal protection of law analysis, we affirm the summary judgment.

BACKGROUND

Diane Kretz is a physician practicing with North Twin Medical Associates in Eagle River. She first had…