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SCHWARTZ v. MILWAUKEE

No. 25.

54 Wis.2d 286 (1972)

195 N.W.2d 480

SCHWARTZ, Respondent, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and Herbert F. Sonnenberg, assistant city attorney, and oral argument by Mr. Sonnenberg.

For the respondent there was a brief by Michael, Best & Friedrich, attorneys, and Lee J. Geronime of counsel, all of Milwaukee, and oral argument by Mr. Geronime.

HALLOWS, C. J.

The issue presented to the lower court and on this appeal is whether a husband's claim for damages for loss of consortium and for medical expenses is barred by the statutory limitation of $25,000 in secs. 81.15 and 895.43 (2), Stats., because his wife's claim for her damages has exhausted that amount. The trial court held the husband's claim was a separate and distinct cause of action and carried its own statutory...

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