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ALBERT v. WAELTI

No. 85-0659.

133 Wis.2d 142 (1986)

394 N.W.2d 752

Dr. John ALBERT, Plaintiff-Respondent, v. Douglas WAELTI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 7, 1986.

Attorney(s) appearing for the Case

For the appellant, the cause was submitted on the brief of Max H. Klein of Middleton.

For the respondent, the cause was submitted on the brief of John M. Moore and Jan A. Smokowicz of Bell, Metzner & Gierhart, S.C. of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Douglas Waelti appeals from a judgment dismissing his dental malpractice claim against Dr. John Albert. The propriety of the dismissal is the sole issue, and we resolve it against Waelti.1

The facts are not in dispute. In 1982, Albert sued Waelti in small claims court to recover $214.36 for dental services rendered. Waelti counterclaimed, seeking damages of $300,000 for Albert's alleged negligence in

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