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ZAK v. ZIFFERBLATT

No. 2004AP2698.

715 N.W.2d 739 (2006)

2006 WI App 79

David ZAK and Kim Zak, Plaintiffs-Respondents-Cross-Appellants, v. Jocko ZIFFERBLATT, D.O., Infinity Healthcare Physicians, S.C. and Physicians Insurance Company of Wisconsin, Inc., Defendants-Appellants-Cross-Respondents, Scott Perkl, P.A., Michael J. Cotugno, M.D., St. Vincent Hospital of the Hospital Sisters of the Third Order of St. Francis and Wisconsin Physicians Service Insurance Corp., Defendants, Wisconsin Patients Compensation Fund, Defendant-Cross-Respondent, Sentry Select Insurance Company, Nominal-Defendant.

Court of Appeals of Wisconsin.

Submitted on Briefs January 30, 2006.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of Michael B. Van Sicklen, Roberta F. Howell, and Michael D. Leffel of Foley & Lardner LLP of Madison.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Vincent R. Petrucelli of Petrucelli & Petrucelli, P.C. of Iron River, Michigan.

On behalf of the defendant-cross-respondent, the cause was submitted on the brief of Steven P. Means, Roisin H. Bell and Michael A. Hughes of Michael Best & Friedrich LLP of Madison.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Jocko Zifferblatt, D.O.; Infinity Healthcare Physicians, S.C.; and Physicians Insurance Company of Wisconsin, Inc. (collectively the healthcare providers) appeal from a judgment of the circuit court, which ordered damages to David and Kim Zak. The healthcare providers argue the trial court erred when it failed to provide a jury instruction and special verdict question on contributory negligence. They also argue the trial court improperly instructed...

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