State Ex Rel. Strykowski, and Others, Petitioners v. Wilkie, Administrative Director of Courts, and Others, Respondents

Summary

The court held that Chapter 655 required five-member formal patients' compensation panels, so the Administrator erred by convening six-member panels. It upheld the statute against equal-protection, due-process, unlawful-delegation, and jury-trial challenges, construing the panel reports as nonbinding evidence subject to adversarial challenge and jury instructions. The cause was remanded for further proceedings consistent with those determinations. Justice Abrahamson, joined in part by Justice Heffernan, and Justice Day dissented from the jury-trial ruling, with Justice Day also rejecting the future-medical-expense payment provision.