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GONZALEZ v. TESKEY

No. 90-1324.

160 Wis.2d 1 (1990)

465 N.W.2d 525

Emilia A. GONZALEZ and Baleriano Gonzalez, Plaintiffs-Appellants, v. James C. TESKEY, Sheboygan Transit Company, City of Sheboygan, Transit Mutual Insurance Corporation of Wisconsin and Thomas Industries, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 26, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Daniel J. Rostollan of Dillman, Holbrook, Wurtz, Roth & Rostollan of Sheboygan.

On behalf of the defendants-respondents, James C. Teskey, Sheboygan Transit Company, City of Sheboygan, and Transit Mutual Insurance Corporation of Wisconsin, the cause was submitted on the brief of Thomas A. Wilson of Bachman, Cummings & McIntyre, S.C. of Appleton.

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

NETTESHEIM, P.J.

Emilia A. Gonzalez appeals from the circuit court's judgment dismissing her complaint against James C. Teskey, the Sheboygan Transit Company, and the City of Sheboygan (Teskey).1 The circuit court dismissed Gonzalez' action because she failed to first file a claim pursuant to sec. 345.05(2), Stats. The court also ruled that Teskey was not estopped from asserting the statute as a defense. We affirm the judgment of dismissal...

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