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CRAWFORD v. CARE CONCEPTS, INC.

No. 99-0863.

233 Wis.2d 609 (2000)

2000 WI App 59

608 N.W.2d 694

Sylvia M. CRAWFORD, by June E. Goodyear, her guardian, Plaintiff-Respondent, v. CARE CONCEPTS, INC., d/b/a Premier Care and St. Paul Fire & Marine Insurance Company, Defendants-Appellants, Donna SHALALA, Secretary of the United States Department of Health & Human Services, Defendant.

Court of Appeals of Wisconsin.

Decided February 10, 2000.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Michael J. Hogan and Nancy E. LeMarbre of Hogan, Ritter, Minix & Pasholk of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Philip R. Schomber of O'Neal, Forbeck, Elliott & Monahan, S.C. of Beloit.

Before Eich, Vergeront and Roggensack, JJ.

¶ 1. EICH, J.

Sylvia Crawford, a patient at one of Care Concepts' nursing homes, sued Care Concepts and its insurer, claiming she was injured when physically attacked by another patient. Crawford submitted interrogatories to Care Concepts asking, among other things, whether the attacker had, in the past, engaged in (a) conduct directed against other patients or staff which was likely to cause "physical pain or injury," or (b) conduct having "a tendency to cause...

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