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FARR v. ALTERNATE LIVING SERVICES, INC.

No. 01-0971.

253 Wis.2d 790 (2002)

2002 WI App 88

643 N.W.2d 841

Clara FARR, Plaintiff-Appellant, MEDICARE PART A, Medicare Part B, and Connecticut General Life Insurance Company, Subrogated-Plaintiffs, v. ALTERNATIVE LIVING SERVICES, INC. n/k/a Alterra Healthcare and Atlantic Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 28, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew H. Boller of Murphy, Vaughan, Boller & Pressentin, L.L.C., Monona.

On behalf of the defendants-respondents, the cause was submitted on the brief of Steven T. Caya of Fellows, Piper & Schmidt, Milwaukee.

Before Vergeront, P.J., Deininger and Lundsten, JJ.

¶ 1. DEININGER, J.

Clara Farr appeals an order which dismissed her second amended complaint against Alternative Living Services, Inc., and denied her motion to amend the complaint or "revert back" to an earlier one. Farr contends that we should reinstate her claims because: (1) her second amended complaint states a negligence cause of action; (2) the court erroneously exercised its discretion in failing to allow her to amend her complaint; (3) justice has miscarried...

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