WESTPHAL v. CANTWELL-PETERSON CLINIC

No. 342.

57 Wis.2d 402 (1973)

204 N.W.2d 491

WESTPHAL, Appellant, v. CANTWELL-PETERSON CLINIC and others, Respondents.

Supreme Court of Wisconsin.

Decided February 27, 1973.


Attorney(s) appearing for the Case

For the appellant there was a brief by Jerome E. Randall, of Milwaukee, and Robert M. Gonyo, of Berlin, and oral argument by Mr. Randall.

For the respondents there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.


WILKIE, J.

The sole issue dispositive of this appeal is whether the trial court erred in granting summary judgment to the defendants on the basis that the plaintiff, by his guardian ad litem and his parents, executed general releases in June, 1967, which contain no reservation of rights to assert a malpractice claim against the defendants.

This case is controlled by the new rule adopted in the Krenz Case,2 decided...

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