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eBook details

• Title: Ruth Johnson v. County Crawford
• Author : Court of Appeals of Wisconsin
• Release Date : January 15, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

VERGERONT, J. Ruth Johnson appeals from a judgment dismissing her personal injury action against Crawford County and its insurer, Continental Casualty Company. 1 The trial court dismissed the action on the ground that it was not filed within three years of the accrual of the cause of action as required by § 893.54, STATS. The trial court concluded that the filing of a prior action that was voluntarily dismissed did not toll the statute of limitations under § 893.13(2), STATS. We conclude that § 893.13(2) tolled the statute of limitations upon commencement of the prior action, and therefore we reverse. The relevant facts are undisputed. Johnson filed a complaint on August 27, 1993, alleging that she was injured in a motorcycle accident that occurred on August 28, 1990, on a Crawford County highway. Crawford County, Manuel Fernandez, and a number of insurance companies were named as defendants. The complaint did not allege that a notice of injury had been served on, or that a notice of claim had been filed with, Crawford County. 2 Johnson and Crawford County entered into a stipulation pursuant to § 805.04(2), STATS., 3 to dismiss the action. The court dismissed the action on July 18, 1994.

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