McCLUSKEY v. THRANOW


31 Wis.2d 245 (1966)

McCLUSKEY, Respondent, v. THRANOW and another, Appellants.

Supreme Court of Wisconsin.

June 7, 1966.


Attorney(s) appearing for the Case

For the appellant Thranow there were briefs by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by Bernard J. Hankin.

For the appellant St. Michael Hospital there was a brief by Ray T. McCann, and oral argument by Richard A. McDermott, both of Milwaukee.

For the respondent there was a brief by Gorectke, Harris & Richman of Milwaukee, and oral argument by Alvin Richman.


HEFFERNAN, J.

1. Is the period of limitations tolled until such time that the malpractice is discovered?

Under sec. 330.205, Stats.,1 the statute of limitations applicable to personal injuries, an action must be brought within three years, except for those instances where a notice of injury was served prior to July 1, 1959. In those cases the six-year limitation of sec. 330.19...

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