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JELINEK v. ST. PAUL FIRE & CASUALTY INS. CO.

No. 92-1858.

182 Wis.2d 1 (1994)

512 N.W.2d 764

Mark A. JELINEK, as special administrator for Cynthia M. Jelinek, deceased; Julie Jelinek, Matthew Jelinek and Jonathan Jelinek, minors, By Daniel D. Whetter, their Guardian ad Litem, Plaintiffs-Respondents, v. The ST. PAUL FIRE & CASUALTY INSURANCE COMPANY, a Wisconsin Corporation and Bellin Memorial Hospital, Inc., a Wisconsin Corporation, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided March 14, 1994.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Terence J. Bouressa, Donald L. Romundson and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay and oral argument by Gregory B. Conway.

For the plaintiffs-respondents there was a brief by Daniel D. Whetter and Whetter Law Offices, Green Bay and oral argument by Gerald J. Bloch.

Amicus curiae brief was filed by Gerald J. Bloch and Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.

STEINMETZ, J.

This case presents two issues for review:

1) In a medical malpractice action involving death that is commenced after January 1, 1991—when the limitation on damages from secs. 655.0171 and 893.55(4),2 Stats., expired—is a plaintiff's recovery for loss of society and companionship unlimited, or rather is this recovery limited to $50...

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