HOLIFIELD v. SETCO INDUSTRIES, INC.

No. 278.

42 Wis.2d 750 (1969)

168 N.W.2d 177

HOLIFIELD (Darressie), Special Administratrix of the Estate of Warren Holifield, Appellant, v. SETCO INDUSTRIES, INC., and another, Respondents: SIMONDS ABRASIVE COMPANY and another, Defendants.

Supreme Court of Wisconsin.

Decided June 3, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Brady, Tyrrell, Cotter & Cutler, and Lewis I. Cohen, attorneys, and Peter W. Bunde and Michael J. Spector of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For the respondent Setco Industries, Inc., there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and William H. Frazier of counsel, all of Milwaukee, and oral argument by Mr. Frazier.

For the respondent John A. Staley there was a brief and oral argument by Thomas F. Carroll of Milwaukee.


ROBERT W. HANSEN, J.

When does the statute of limitations begin to run in a products liability action ? In an action for negligent manufacture? In a wrongful death action based on product liability or negligent manufacture? If the statute commences to run when the product was sold, the negligent act involved, the demurrers were properly sustained. If the statute does not commence to run until the accident and resultant injury occur, the demurrers, insofar as they...

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