(H/T – Owen)
They don’t need power at the Wisconsin Supreme Court building. They ruled yesterday 4-3 that a teen with cerebal palsy allegedly caused by a lack of oxygen during birth and his family may continue with a lawsuit that was first filed when he was 11.
The usual gang of 4, Chief Justice Shirley Abrahamson, Ann Walsh Bradley (the author), Patrick “Turncoat” Crooks (still no announced opponent for him, and he’s up for re-election in 2006) and “Loophole” Louis Butler (Steve Austin reminds us to “thank” the Pubbies for him over at B&S), said, “The Legislature has not provided a statute of limitations for claims against health care providers alleging injury to a developmentally disabled child. This determination is the only determination the court is able to reach without either rewriting the statutes or working an absurd and illogical result.”
David Prosser, the author of the dissent (joined by Jon Wilcox and Pat Roggensack), said, “The majority authorizes suit in this case more than 11 ½ years after the child’s alleged injury and boasts in doing so that it has avoided rewriting the statute. This is not judicial restraint.”
Owen has more.
