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HARTLEY v. ST. FRANCIS HOSPITAL

24 Wis.2d 396 (1964)

HARTLEY, Administratrix, Appellant, v. ST. FRANCIS HOSPITAL and others, Respondents.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hale, Skemp, Hanson, Schnurrer & Skemp and Quincy H. Hale, all of La Crosse, and oral argument by Quincy H. Hale.

For the respondents there was a brief by Johns, Pappas & Flaherty of La Crosse, for St. Francis Hospital and Esther Roberton, and by Moen, Sheehan & Meyer of La Crosse, for Paul W. Phillips, and oral argument by Robert D. Johns and L. E. Sheehan.

DIETERICH, J.

The original complaint set forth two causes of action—one in the plaintiff's own behalf, alleging that in settling with Avery and the insurance company, he did not intend to release his claim against the defendants for malpractice, and did not intend to transfer this claim to Avery and his insurer by subrogation. The second cause of action was brought by plaintiff as assignee of the insurance company. Avery was not joined as a defendant in the...

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