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MIEZIN v. MIDWEST EXPRESS AIRLINES, INC.

No. 2004AP868.

284 Wis.2d 428 (2005)

2005 WI App 120

701 N.W.2d 626

Jerome J. MIEZIN and Patricia Miezin, Plaintiffs-Appellants, v. MIDWEST EXPRESS AIRLINES, INC., Defendant-Respondent, ABC INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided May 17, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of James P. Brennan of Brennan & Collins of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Eric J. Van Vugt and Joshua B. Fleming of Quarles & Brady LLP of Milwaukee and Clem C. Trischler of Pietragallo, Bosick & Gordon of Pittsburgh, Pennsylvania.

Before Wedemeyer, P.J., Fine and Kessler, JJ.

¶ 1. KESSLER, J.

At issue in this case is whether a plaintiff can pursue a state common-law negligence claim alleging that an airline negligently failed to warn passengers about the dangers of deep vein thrombosis ("DVT"), or whether such claims are preempted by federal law. Jerome J. Miezin and Patricia Miezin (collectively, "Miezin") appeal from a judgment dismissing their state common-law negligence and loss of...

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