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MARCINIAK v. LUNDBORG

No. 88-0088.

153 Wis.2d 59 (1989)

450 N.W.2d 243

Douglas M. MARCINIAK, and Paula J. Marciniak, Plaintiffs-Respondents-Petitioners, v. Gary T. LUNDBORG, Erick Y. Hakanson, M.D., Ramsey Clinic Associates, P.A., Apple River Valley Memorial Hospital, Inc. and Wisconsin Patients Compensation Fund, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided January 16, 1990.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners, there were briefs by Ardell W. Skow, William H. Thorie, and Doar, Drill and Skow, S.C., Baldwin, and oral argument by James Drill.

For the defendants-appellants there was a brief by Kay Nord Hunt, Thomas J. Niemiec, and Lommen, Nelson, Cole & Stageberg, P.A., Hudson, and oral argument by Ms. Hunt.

WILLIAM A. BABLITCH, J.

Douglas and Paula Marciniak seek review of a court of appeals decision which barred their cause of action for costs involved in raising a normal healthy child conceived subsequent to an allegedly negligent sterilization operation. (The issue of negligence has not yet been tried.) The issues presented to this court are whether the costs of raising the child to the age of majority or beyond are recoverable by the parents, and if so, to what extent...

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