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ESTATE OF HEGARTY v. BEAUCHAINE

No. 00-2144.

249 Wis.2d 142 (2001)

2001 WI App 300

638 N.W.2d 355

ESTATE OF Sarah M. HEGARTY, deceased, by Jeremiah J. Hegarty, Special Administrator, and Jeremiah J. Hegarty and Mary D. Hegarty, Plaintiffs-Appellants, MILWAUKEE COUNTY, Involuntary-Plaintiff, v. Angela BEAUCHAINE, M.D., Ernest Stremski, M.D., Children's Hospital of Wisconsin, Inc., a Wisconsin hospital corporation, OHIC Insurance Company, a foreign insurance corporation, and The Medical College of Wisconsin, Inc., a Wisconsin corporation, Defendants, MEDICAL COLLEGE OF WISCONSIN AFFILIATED HOSPITALS, INC., a Wisconsin corporation, Defendant-Respondent, PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., a Wisconsin insurance corporation, Defendant, Mary Jo ZIMMER, M.D., Fireman's Fund Insurance Company and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 30, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of William M. Cannon, Edward E. Robinson, and Sarah E. Frink of Cannon & Dunphy, S.C., of Brookfield, with oral argument by William M. Cannon.

On behalf of the defendant-respondent Medical College of Wisconsin Affiliated Hospitals, Inc., the cause was submitted on the brief of Joseph M. Fasi, II and Peter F. Mullaney of Peterson, Johnson & Murray, S.C., of Milwaukee, with oral argument by Peter F. Mullaney.

On behalf of the defendants-respondents Mary Jo Zimmer, M.D., and Fireman's Fund Insurance Company, the cause was submitted on the brief of Samuel J. Leib, Douglas S. Knott and Mark D. Malloy of Leib & Katt, S.C., of Milwaukee, with oral argument by Samuel J. Leib.

Before Fine, Schudson and Curley, JJ.

¶ 1. CURLEY, J.

The estate of Sarah Hegarty and her parents, Jeremiah and Mary Hegarty, appeal from two separate orders of the circuit court granting summary judgment and dismissing all negligence claims against defendants, Mary Jo Zimmer, M.D., the Medical College of Wisconsin Affiliated Hospitals (Affiliated Hospitals), and their respective liability insurance carriers. Five issues are raised on appeal: (1) whether...

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