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GOLDSTEIN v. JANUSZ CHIROPRACTIC CLINICS, S.C.

No. 97-0326.

218 Wis.2d 683 (1998)

582 N.W.2d 78

Robert P. GOLDSTEIN, Special Administrator and Personal Representative of the Estate of Gerald A. Pilak, Deceased, and Joan P. Pilak, surviving spouse of Gerald A. Pilak, Deceased, Plaintiffs-Appellants, v. JANUSZ CHIROPRACTIC CLINICS, S.C., Mark A. Murray, D.C. and National Chiropractic Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 21, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Frank T. Crivello, II, of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., of Milwaukee, with oral argument by Frank T. Crivello II.

On behalf of the defendants-respondents Mark A. Murray, D.C. and National Chiropractic Mutual Insurance Company, the cause was submitted on the brief of Mark J. Steichen of Boardman, Suhr, Curry & Field of Madison, with oral argument by Mark J. Steichen.

On behalf of the defendants-respondents Janusz Chiropractic Clinics, S.C. and National Chiropractic Mutual Insurance Company, the cause was submitted on the brief of Michael J. Pfau and Lance S. Grady of Hinshaw & Culbertson, of Milwaukee, with oral argument by Lance S. Grady.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

CURLEY, J.

Robert P. Goldstein, the special administrator and personal representative of the estate of Gerald A. Pilak, deceased, and Joan P. Pilak, Gerald Pilak's surviving spouse, appeal from the trial court's order granting summary judgment in favor of Janusz Chiropractic Clinics, S.C., Mark A. Murray, D.C., and National Chiropractic Mutual Insurance Company. This suit follows Gerald Pilak's death from lung cancer on October 15, 1994. The appellants filed a

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