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YOTVAT v. ROTH

No. 79-139.

95 Wis.2d 357 (1979)

290 N.W.2d 524

Ester YOTVAT and Shlomo Yotvat, individually and as personal representative of the Estate of Ohad Yotvat, Plaintiffs-Appellants, v. Stephen J. ROTH, William A. Gahl, and Paul J. Kaye, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 23, 1980.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Richard P. Ruh and Schlotthauer, Johnson, Mohs, MacDonald & Widder of Madison.

For the defendants-respondents the cause was submitted on the brief of Bronson C. La Follette, attorney general and Charles R. Larsen, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

Plaintiffs have appealed from the order of the circuit court which dismissed their complaint for failure to state a claim for which relief can be granted and for lack of jurisdiction.

This is an action for the wrongful death of the plaintiffs' child March 17, 1978. The defendants are alleged to have been engaged in the practice of medicine at the University of Wisconsin Hospitals. The gravamen of the...

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