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MATHIAS v. ST. CATHERINE'S HOSPITAL, INC.

No. 96-1632.

212 Wis.2d 540 (1997)

569 N.W.2d 330

Amy MATHIAS and Eugene Mathias, Individually and as Husband and Wife, Plaintiffs-Appellants-Cross Respondents, v. ST. CATHERINE'S HOSPITAL, INC., a non-stock domestic corporation, Defendant-Respondent-Cross Appellant, SENTRY INSURANCE, A Mutual Company, Dr. Raymond Witt and Physicians Insurance Company of Wisconsin, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided July 30, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of Walter W. Stern of Union Grove.

On behalf of the defendant-respondent-cross appellant, the cause was submitted on the briefs of John A. Nelson and Timothy W. Feeley of von Briesen, Purtell & Roper, S.C. of Milwaukee.

Before Snyder, P.J., Brown and Anderson, JJ.

SNYDER, P.J.

Amy and Eugene Mathias appeal from a summary judgment dismissing St. Catherine's Hospital, Inc., and Sentry Insurance (collectively, St. Catherine's) from their medical malpractice action and from an order denying reconsideration. First, the Mathiases claim that the trial court erred in granting summary judgment to St. Catherine's as there are genuine issues of material fact in dispute. They base this on their contention that the hospital owed a duty...

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