Goff v. Seldera

In Goff v. Seldera, 202 Wis. 2d 600, 550 N.W.2d 144 (Ct. App. 1996), a patient sued her physician for malpractice and attempted to add the Fund as a defendant after the trial court's verdict had been entered. The Court concluded that, under Tamminen v. Aetna Casualty and Surety Co., 109 Wis. 2d 536, 327 N.W.2d 55 (1982), the patient was permitted to add the Fund to the suit even after the statutorily-prescribed time period had passed, but only if the Fund was given "an opportunity to meaningfully participate and defend in the trial court proceedings." Id. at 619 n.10. The Court then concluded that summary judgment in favor of the Fund was appropriate because it had been denied the opportunity to participate in and defend against the patient's suit. See id.