SPITLER v. DEAN

No. 87-1255.

143 Wis.2d 820 (1988)

422 N.W.2d 879

Donald Lee SPITLER, Plaintiff-Appellant, v. Jeffrey DEAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 2, 1988.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of David J. Cannon of Michael, Best & Friedrich, of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James O. Conway of Chase, Olsen, Kloet & Gunderson, of Sheboygan.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


BROWN, P.J.

The trial court dismissed the battery claim in this case, ruling that the two-year statute of limitations had run. Because one of the components in determining when the statute begins to run is the identity of the allegedly responsible defendant, and because the defendant's identity was not known until December, 1985, the statute did not begin to run until then. Thus, the February 10, 1987 filing of the complaint was within the two-year limitation and...

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