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STATE FARM MUT. AUTOMOBILE INS. CO. v. SCHARA

No. 128.

56 Wis.2d 262 (1972)

201 N.W.2d 758

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. SCHARA, Appellant.

Supreme Court of Wisconsin.

Decided November 9, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Sidney Spector of Milwaukee.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and Robert L. Swanson of counsel, all of Milwaukee, and oral argument by Mr. Swanson.

HEFFERNAN, J.

This appeal poses a basic question that, surprisingly, has not heretofore been adjudicated in this court: Within what time limit must a tortfeasor who has settled with an injured person commence an action for contribution against a joint tortfeasor? The answer to the question is dependent upon when the cause of action accrues and what limitation statute, if any, applies subsequent to the date of the accrual.

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