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VOLK v. McCORMICK

No. 162.

41 Wis.2d 654 (1969)

165 N.W.2d 185

VOLK, Respondent, v. McCORMICK, Appellant.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

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

For the respondent there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Stephen O'Meara.

BEILFUSS, J.

The plaintiff concedes that in Wisconsin the three-year statute of limitations for personal injuries in medical malpractice commences to run from the date the treatment or service was performed rather than from the date of the discovery of the tort.2

The statute of limitations in actions for fraud provides for a period of six years after the discovery of the fraud in which...

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