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SAWYER v. MIDELFORT

No. 97-1969.

217 Wis.2d 795 (1998)

579 N.W.2d 268

Delores SAWYER, special administrator of the estate of Nancy K. Anneatra, Thomas Sawyer and Delores Sawyer, Plaintiffs-Appellants, v. H. Berit MIDELFORT, M.D. and Celia Lausted, Defendants-Respondents, BLUE CROSS BLUE SHIELD UNITED OF WISCONSIN, Valley Health Plan, ABC Insurance Company and DEF Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided March 17, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of William Smoler and Gregory P. Seibold of Murphy & Desmond, S.C., Madison.

On behalf of the defendant-respondent, H. Berit Midelfort, M.D., the cause was submitted on the brief of Thomas R. Jacobson and Brent R. Johnson of Lommen, Nelson, Cole & Stageberg, P.A., Hudson.

On behalf of the defendant-respondent, Celia Lausted, the cause was submitted on the brief of Thomas J. Misfeldt and James W. Flory of Misfeldt, Stark, Richie & Wickstrom, Eau Claire.

Before Cane, P.J., Myse and Hoover, JJ.

MYSE, J.

Thomas Sawyer, Delores Sawyer in her own right, and Delores Sawyer as the special administrator of the estate of Nancy K. Anneatra, appeal the grant of summary judgment that ordered the dismissal of their malpractice complaint against Dr. H. Berit Midelfort and Celia Lausted. The trial court concluded that the Sawyers' claims against Midelfort and Lausted failed to state a claim upon which relief can be granted and, alternatively, were barred by the statute...

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