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SCHULZ v. ST. MARY'S HOSPITAL

No. 75-465.

81 Wis.2d 638 (1978)

260 N.W.2d 783

SCHULZ, and husband, Respondents, v. ST. MARY'S HOSPITAL, Appellant.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Merten, Connell & Sisolak, S. C. and oral argument by Paul E. Schwemer, of counsel, all of Milwaukee.

For the respondents there was a brief by Robert L. Habush, Gary R. Kuphall, and Habush, Gillick, Habush, Davis & Murphy, and oral argument by Robert L. Habush, all of Milwaukee.

ROBERT W. HANSEN, J.

While the central issue on this appeal relates to the damage awards made by the jury, and whether the evidence in this record sustains them, discussion will begin with the other issues raised.

NEGLIGENCE OF THE PLAINTIFF.

One of the special verdict questions asked the jury whether, the hospital having conceded negligence in serving urn cleaner on a patient's tray, the plaintiff was also negligent in taking the two swallows...

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