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JOHNSON v. ROGERS MEMORIAL HOSPITAL, INC.

No. 98-0445.

238 Wis.2d 227 (2000)

2000 WI App 166

616 N.W.2d 903

Charles JOHNSON and Karen Johnson, Plaintiffs-Appellants, v. ROGERS MEMORIAL HOSPITAL, INC., Heartland Counseling Services, Defendants-Respondents, SOUTH STREET CLINIC, Defendant, Kay PHILLIPS, Ph.D., Jeff Hollowell and Tim Reisenauer, Defendants-Respondents, ABC INSURANCE COMPANY, DEF Insurance Company, GHI Insurance Company, JKL Insurance Company, MNO Insurance Company, and PQR Insurance Company, Defendants, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 13, 2000.

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. of Madison.

On behalf of the defendant-respondent, Rogers Memorial Hospital, Inc., the cause was submitted on the brief of Lori Gendelman and Jeffrey J.P. Conta of Otjen, Van Ert, Lieb & Weir, S.C. of Milwaukee.

On behalf of the defendant-respondent, Kay Phillips, Ph.D., the cause was submitted on the brief of David E. McFarlane and Kendall Harrison of La Follette Sinykin, LLP of Madison.

On behalf of the defendants-respondents, Jeff Hollowell and Tim Reisenauer, the cause was submitted on the brief of Bradway A. Liddle, Jr. and Mario D. Mendoza of Boardman, Suhr, Curry & Field LLP of Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.

¶ 1. ROGGENSACK, J.

Charles and Karen Johnson (the Johnsons) brought suit for personal injuries they contend they suffered due to false allegations by their daughter, Charlotte, that when she was a child, Charles had sexually abused her and Karen had physically abused her. The Johnsons contend they have a third-party claim for medical malpractice due to the negligent infliction of emotional harm to them, under the holding of Sawyer v. Midelfort,

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