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SCARIA v. ST. PAUL FIRE & MARINE INS. CO.

No. 311.

68 Wis.2d 1 (1975)

227 N. W. 2d 647

SCARIA and wife, Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, and others, Respondents.

Supreme Court of Wisconsin.

Decided April 10, 1975.

Attorney(s) appearing for the Case

For the appellants there were briefs by Gaines & Saicheck, S. C., attorneys, and Irving D. Gaines, David A. Saicheck and Theodore B. Hertel, Jr. of counsel, all of Milwaukee, and oral argument by Irving D. Gaines.

For the respondents Columbia Hospital and St. Paul Fire & Marine Insurance Company there was a brief by Law Offices Richard J. Palmersheim of Milwaukee, attorneys, and Richard J. Palmersheim of counsel, and oral argument by Mr. Palmersheim.

For the respondent David G. Kamper, M.D., there was a brief by Arnold, Murray & O'Neill, attorneys, and Robert C. Watson of counsel, all of Milwaukee, and oral argument by Mr. Watson.

BEILFUSS, J.

The issues raised by the plaintiffs upon appeal are the following:

1. Did the trial court properly instruct the jury as to informed consent?

2. Did the trial court err in applying the locality rule?

3. Did the jury return a valid five-sixths verdict?

4. Did the trial court err in refusing to change the jury answers on causation from "No" to "Yes?"

5. Should new trial be...

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