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ESTATE OF KITZMAN v. KITZMAN

No. 90-1616.

163 Wis.2d 399 (1991)

471 N.W.2d 293

The ESTATE OF Emma J. KITZMAN, Plaintiff-Appellant, v. Christian R. KITZMAN, Steven R. Stadler, Milwaukee Mutual Insurance Company, State Farm Insurance Company, Medicare Part A, Through Its Intermediary Blue Cross & Blue Shield, and Medicare Part B, Through Its Intermediary Wisconsin Physician Service, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 16, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Paul J. Lenz of Altoona.

For the defendant-respondent, Christian R. Kitzman and Milwaukee Mutual Insurance Company, the cause was submitted on the briefs of Maris Rushevics of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

For the defendant-respondent, State Farm Insurance Company, the cause was submitted on the briefs of John D. Claypool, of Herrling, Clark, Hartzheim & Siddall, Ltd. of Appleton.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Janet Hacker, as the personal representative of the estate of Emma Kitzman, appeals from a judgment dismissing the complaint against the defendants. The complaint is brought in the name of the estate. We hold that the appellant was entitled to amend the complaint under sec. 802.09, Stats. We therefore reverse.

The summons and complaint were filed on February 9, 1990. The complaint seeks damages from...

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