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PETZEL v. VALLEY ORTHOPEDICS LTD.

No. 2008AP2474.

770 N.W.2d 787 (2009)

2009 WI App 106

Marlene B. PETZEL and Donald Petzel, Plaintiffs-Appellants, v. VALLEY ORTHOPEDICS LTD., Mark A. Wikenheiser, M.D. and the Medical Protective Company, Defendants-Respondents, St. Croix Regional Medical Center, Injured Patients and Families Compensation Fund and ABC Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed June 23, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Jason W. Whitley of Novitzke, Gust, Sempf, Whitley & Bergmanis, Amery.

On behalf of the defendants-respondents, the cause was submitted on the brief of J. Drew Ryberg and Kathryn E. Wahl of Ryberg & Happe, S.C., Eau Claire.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 HOOVER, P.J.

Marlene Petzel1 appeals a summary judgment dismissing her medical malpractice claims against Mark Wikenheiser and Valley Orthopedics. She argues there are genuine issues of material fact precluding summary judgment on the issues of negligence, res ipsa loquitur, respondeat superior, and borrowed servant. We conclude summary judgment is unwarranted regarding all four claims, and reverse and remand.

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