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STAPPAS v. KAGEN

No. 81-1423.

109 Wis.2d 528 (1982)

326 N.W.2d 757

Dennis J. STAPPAS and Susan Stappas, Plaintiffs-Appellants, v. Louis KAGEN, M.D., and Patients Compensation Fund, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 30, 1982.

Attorney(s) appearing for the Case

For the appellants there was a brief by J. Ric Gass and Kasdorf, Dall, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Mr. Gass.

For the respondents there was a brief by Daniel R. Riordan, Catherine T. Tully and Riordan, Crivello, Carlson, Mentkowski & Henderson, Milwaukee, and oral argument by Ms. Tully.

On certification from court of appeals.

WILLIAM G. CALLOW, J.

This is an appeal from a judgment dismissing the plaintiff's complaint. This appeal was certified by the court of appeals and was accepted by this court pursuant to sec. (Rule) 809.61, Stats.

On June 7, 1977, Dr. Louis Kagen performed a myelogram examination on the plaintiff, Dennis J. Stappas. Dr. Allen Kagen, a brother of Louis Kagen, administered a second myelogram to Stappas shortly...

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