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HOWARD v. MT. SINAI HOSPITAL, INC.

No. 271.

63 Wis.2d 515 (1974)

217 N.W.2d 383

219 N.W.2d 576

HOWARD, Respondent, v. MT. SINAI HOSPITAL, INC., and another, Appellants.

Supreme Court of Wisconsin.

Decided May 8, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Frank A. Scherkenbach of counsel, all of Milwaukee, and oral argument by Mr. Scherkenbach.

For the respondents there was a brief by Warshafsky, Rotter & Tarnoff, S. C., attorneys, and Alan E. Gesler of counsel, all of Milwaukee, and oral argument by Mr. Gesler.

WILKIE, J.

The sole issue on this appeal relates to the element of damages: whether the present fear or phobia that the plaintiff will develop cancer in the future is compensable.

Negligence is conceded. The sole question then is one of causation. The long-standing rule on whether a particular claim of damages is compensable is:

". . . negligence plus an unbroken sequence of events establishing cause-in-fact does not necessarily lead to a determination...

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