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KOHNKE v. ST. PAUL FIRE INS.

No. 86-0988.

140 Wis.2d 80 (1987)

410 N.W.2d 585

Brian W. KOHNKE and Erin Kohnke, Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY and Midelfort Clinic, S.C., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 12, 1987.

Attorney(s) appearing for the Case

For plaintiffs-appellants, there were briefs submitted by Ardell W. Skow and Lila M. Hambleton of Baldwin, and oral argument by Lila M. Hambleton.

For defendants-respondents, there was a brief and oral argument by Lisa K. Stark of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Brian Kohnke appeals a summary judgment barring his medical malpractice action against the Midelfort Clinic, S.C, for failure to file his claim within the statute of limitations. Because under the applicable statute, sec. 893.55(1)(b), Stats., the claim expired before Brian could have with reasonable diligence discovered his injury, he is deprived of a remedy for his injuries contrary to art. I, sec. 9, of the Wisconsin Constitution. We therefore declare...

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