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KUJAWSKI v. ARBOR VIEW CENTER

No. 84-1789.

132 Wis.2d 178 (1986)

389 N.W.2d 831

James KUJAWSKI, as Special Administrator of the Estate of Angeline Ciesielczyk a/k/a Angela Cieler, Plaintiff-Appellant, Margaret H. HECKLER, Secretary of Department of Health and Human Services, United States of America, and State of Wisconsin, Department of Health and Social Services, Plaintiffs, v. ARBOR VIEW HEALTH CARE CENTER, a partnership consisting of Edwin M. Kruchten and Elizabeth M. Kruchten, partners, and Occidental Fire & Casualty Company of North Carolina, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 22, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of David C. Pappas of Madison.

For the defendants-respondents the cause was submitted on the brief of Bradley D. Armstrong and Barbara J. Swan and Brynelson, Herrick, Gehl & Bucaida of Madison.

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

GARTZKE, P.J.

James Kujawski, special administrator of the estate of Angeline Ciesielczyk, appeals from a judgment dismissing the complaint against Arbor View Health Care Center, a nursing home, and its owners and insurer. Ciesielczyk was injured when she fell out of her wheelchair while a resident at Arbor View. Kujawski claimed that the nursing home was negligent in failing to provide some sort of safety device to prevent...

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