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MCMAHON v. BROWN

No. 84-1515.

125 Wis.2d 351 (1985)

371 N.W.2d 414

Tolen J. MCMAHON, Plaintiff-Appellant, v. T.E. BROWN, Midelfort Clinic, Ltd., Transportation Ins. Co., and Patient's Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 25, 1985.

Attorney(s) appearing for the Case

For the appellant there was a brief by Gavic Law Office of Spring Valley.

For the respondents there was a brief by Tinkham, Smith, Bliss, Patterson, Richards & Hessert of Wausau.

Before Cane, P.J., Dean and LaRocque, JJ.

DEAN, J.

Tolen McMahon appeals a judgment dismissing her complaint against Dr. T.E. Brown and others following a jury verdict in Brown's favor. McMahon alleged that Brown breached an express agreement with her by replacing breast implants when the parties agreed only to the removal of her existing implants. McMahon also charged that Brown's breach of the contract was actionable negligence and an assault. She sought damages for medical expenses, pain, and suffering...

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