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CZAPINSKI v. ST. FRANCIS HOSPITAL, INC.

No. 98-2437.

236 Wis.2d 316 (2000)

2000 WI 80

613 N.W.2d 120

Susan CZAPINSKI and Gary Czapinski, Plaintiffs-Appellants, v. ST. FRANCIS HOSPITAL, INC., American Continental Insurance Company and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 6, 2000.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in the court of appeals) by Ted M. Warshafsky, Edward E. Robinson and Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee, and oral argument by Gerald J. Bloch.

For the defendants-respondents there was a brief by John A. Nelson, Timothy W. Feeley and von Briesen, Purtell & Roper, S.C., Milwaukee, and oral argument by John A. Nelson.

An amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. N. PATRICK CROOKS, J.

This case comes before the court on certification from District I of the court of appeals. Petitioners, Susan and Gary Czapinski, seek review of a circuit court decision that dismissed their medical malpractice claim on the grounds that they failed to state a claim upon which relief could be granted. Petitioners had sought damages for the loss of their mother's society and companionship following her death during a routine hip replacement...

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