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RINECK v. JOHNSON

No. 88-1555.

150 Wis.2d 232 (1989)

440 N.W.2d 830

Ricky F. RINECK, individually as surviving husband of Joy E. Rineck, and as guardian for Rachel J. Rineck, a minor, Plaintiffs-Respondents-Cross Appellants, v. Leonard C. JOHNSON, CRNA Luther Hospital, St. Paul Fire & Marine Insurance Co., and Wisconsin Patients Compensation Fund, Defendants-Appellants-Cross Respondents, BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Defendant.

Court of Appeals of Wisconsin.

Decided April 25, 1989.

Attorney(s) appearing for the Case

For defendants-appellants-cross respondents there were briefs by Timothy J. Strattner and Gregory W. Lyons of Schellinger & Doyle, S.C., of Brookfield.

For plaintiffs-respondents-cross appellants there were briefs by Howard S. Marker of Howard S. Marker & Associates, P.A., of Minneapolis, Minnesota.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Leonard Johnson appeals a judgment awarding Ricky Rineck $250,000 damages for loss of his deceased spouse's society and companionship. Johnson argues that the trial court erred by refusing to limit the award to $50,000 pursuant to sec. 895.04(4), Stats. Rineck cross-appeals, contending that a child has a separate cause of action for loss of society and companionship when medical malpractice causes death of one...

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