SCARPACI v. MILWAUKEE COUNTY

No. 77-488.

96 Wis.2d 663 (1980)

292 N.W.2d 816

James F. SCARPACI and Linda L. Scarpaci, Plaintiffs-Respondents, v. MILWAUKEE COUNTY, Joseph LaMonte, Chesley P. Erwin, M.D., and Elaine Samuels, M.D., Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 3, 1980.


Attorney(s) appearing for the Case

For the appellants the cause was argued by Dean M. Horwitz, assistant corporation counsel, with whom on the brief was Robert P. Russell, corporation counsel.

For the respondents there was a brief by Timothy J. Aiken and Panos, Samster, Domnitz, Aiken & Peckerman of Milwaukee, and oral argument by Timothy J. Aiken.


SHIRLEY S. ABRAHAMSON, J.

This appeal is from an order of the circuit court for Milwaukee county which denied defendants' motion to dismiss plaintiffs' second amended complaint, the plaintiffs, James and Linda Scarpaci, brought this action charging wrongful performance of an autopsy on the body of their deceased child, Nicole Scarpaci, the defendants, Milwaukee county and individuals employed by Milwaukee county,1 moved to dismiss the...

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