# Estate of Hegarty v. Beauchaine

> Court of Appeals of Wisconsin · October 10, 2006 · 297 Wis. 2d 70

URL: https://www.frixlaw.com/law-library/cases/9675382

## Case

- **Full name:** Estate of Sarah M. Hegarty, Deceased, by Jeremiah J. Hegarty, Special Administrator, Jeremiah J. Hegarty and Mary D. Hegarty, Plaintiffs-Respondents-Cross-Appellants, v. Angela Beauchaine, M.D., Defendant-Appellant-Cross-Respondent, OHIC Insurance Company, a Foreign Insurance Corporation, Defendant-Co-Appellant-Cross-Respondent
- **Court:** Court of Appeals of Wisconsin
- **Decided:** October 10, 2006
- **Citations:** 297 Wis. 2d 70; 727 N.W.2d 857; 2006 WI App 248; 2006 Wisc. App. LEXIS 933
- **Precedential status:** Published
- **Opinion:** Concurring in part by Fine
- **Judges:** Fine, Curley, Nettesheim
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9675382

## How later opinions describe it (automated extraction)

- rejecting party's claim that it could effectively ignore a scheduling order by expressly reserving in its pretrial report the right to name additional witnesses, because such a reservation of rights "entirely defeats the very purpose of the witness list requirement"
- declining to address undeveloped arguments

## Opinion text

FINE, J.
¶ 291. (concurring in part; dissenting in part). I join in the Majority opinion except paragraphs 262-278.
¶ 292. The trial court did not use the amount actually paid by Milwaukee County in determining "reasonableness"; it used it as the measure of recovery even though the parties agreed that the higher, billed, figure was "reasonable»" I also disagree with the Majority's decision to apply Wis. Stat. § 893.55 (7) to Beauchaine even though she is not under Wis. Stat. ch. 655. Accordingly, I would reverse that part of the judgment that reduced the Hegartys' medical-expense recovery.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675382. Public record. Not legal advice.