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FRITZ v. McGRATH

No. 87-2112.

146 Wis.2d 681 (1988)

431 N.W.2d 751

Charlotte E. FRITZ, and Russell C. Fritz, Plaintiffs-Appellants, v. Robert E. McGRATH, D.D.S., and Mid-Towne Dental Associates, S.C., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 29, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Maris Rushevics and Anderson, Shannon, O'Brien, Rice & Bertz, of Stevens Point.

For the defendants-respondents the cause was submitted on the brief of Elizabeth V. Pavlick and Sager & Pavlick, S.C., of Fond du Lac.

Before Dykman, Eich and Sundby, JJ.

EICH, J.

Charlotte Fritz1 appeals from a summary judgment dismissing her dental malpractice action against Robert E. McGrath. The issues are: (1) whether there are disputed issues of material fact which would preclude summary judgment as a remedy; and (2) if not, whether the trial court erred when it concluded that Fritz's injury had been "discovered" more than three years before the action...

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