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WILLS v. REGAN

No. 246.

58 Wis.2d 328 (1973)

206 N.W.2d 398

WILLS, Individually and as Administratrix of the Estate of Peter J. Wills, Appellant, v. REGAN and others, Respondents.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Edward Rudolph of Milwaukee.

For the respondents there was a brief by Ray T. McCann, attorney, and Leonard L. Loeb of counsel, both of Milwaukee, for respondent St. Michael's Hospital, Franciscan Sisters; and Arnold, Murray & O'Neill, attorneys, and Robert C. Watson of counsel, all of Milwaukee, for respondent Joseph M. Regan, M.D.; and oral argument by Mr. Loeb for respondent St. Michael's Hospital, Franciscan Sisters, and Mr. Watson for respondent Joseph M. Regan, M.D.

HANLEY, J.

Four issues are presented on this appeal:

1. Were several of the instructions given either erroneous or incomplete?

2. Does the evidence establish that defendants were causally negligent as a matter of law?

3. Did the trial court err in making the plaintiff elect at the beginning of trial to proceed in either tort or contract?

4. Should a new trial be granted in the interest of justice?

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