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ZINKE v. MILWAUKEE TRANSPORT SERVICES, INC.

Nos. 79-1544, 79-1762.

99 Wis.2d 506 (1980)

299 N.W.2d 600

Lydia M. ZINKE, Plaintiff-Appellant, v. MILWAUKEE TRANSPORT SERVICES, INC., Defendant-Respondent, MILWAUKEE COUNTY, Intervenor. Ruby Jean DAVIS by Miriam L. Eisenberg, and Rubbie Lee Neal, her mother, Plaintiffs-Appellants, v. MILWAUKEE TRANSPORT SERVICES, INC., a Wisconsin corporation and Ann Hauf, Defendants-Respondents, MILWAUKEE COUNTY, Intervenor.

Court of Appeals of Wisconsin.

Decided November 10, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant Zinke the cause was submitted on the brief of Brennan & Collins, with James P. Brennan of counsel, of Milwaukee.

For the plaintiff-appellant Davis the cause was submitted on the brief of M. L. Eisenberg & Assoc., of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of William J. Katt, with Kasdorf, Dall, Lewis & Swietlik S.C. of Milwaukee.

For the intervenor the cause was submitted on the brief of James J. Bonifas, Corporation Counsel Office, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

These cases were consolidated by this court on its own motion because they are controlled by the same issue: Are the plaintiffs barred from prosecuting their personal injury claims against Milwaukee Transport Services, Inc. (Transport) for failure to timely file a claim with the clerk of Milwaukee county pursuant to sec. 345.05 (3), Stats.? We hold that they are and affirm the trial courts.

Appellant Davis sustained injuries on April 1, 1976,...

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