HESTER v. WILLIAMS

No. 83-482.

117 Wis.2d 634 (1984)

345 N.W.2d 426

Dale HESTER, Plaintiff-Appellant-Petitioner, v. William L. WILLIAMS and Jerry Williams, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 27, 1984.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were joint briefs by Michael L. Weiner and DeParcq, Perl, Hunegs, Rudquist & Koenig, P.A., Minneapolis, Minnesota, and Gloria O'Connell Sonnen and Lommen, Nelson, Sullivan & Cole, P.A., Hudson, and oral argument by Mr. Weiner.

For the defendants-respondents there was a brief by Joseph E. Schubert and Brennan & Collins, Milwaukee, and oral argument by Mr. Schubert.


STEINMETZ, J.

The main issue presented is whether the plaintiff commenced his action for personal injuries within the statute of limitations. Two additional issues are whether the defendants waived any affirmative defenses because they were not raised in their answer or by motion and whether the defendants should be estopped from asserting a statute of limitations defense. The trial court, the Sawyer county circuit court...

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