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CARLSON v. PEPIN COUNTY

No. 91-2374.

167 Wis.2d 345 (1992)

481 N.W.2d 498

Bruce CARLSON, Plaintiff-Appellant, v. PEPIN COUNTY, Clarence Weissinger, Robert Patraw, Ron Fiedler, and State of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 25, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Roger M. Hillestad of Roger M. Hillestad & Associates, S.C. of Durand.

On behalf of the defendants-respondents, Pepin County, Clarence Weissinger and Robert Patraw, the cause was submitted on the brief of Steve A. Cotton of Straub & Schuch of Eau Claire.

On behalf of the defendants-respondents, Ron Fiedler and State of Wisconsin, the cause was submitted on the brief of James E. Doyle, attorney general, and Joanne F. Kloppenburg, assistant attorney general.

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

CANE, P.J.

Bruce Carlson appeals a judgment in favor of Pepin County, Clarence Weissinger, the Pepin County Highway Commissioner, and Robert Patraw, a Pepin County Highway Department road maintenance employee. The trial court dismissed Carlson's claim concluding that it was barred by the personal injury statute of limitation, sec. 893.54, Stats. We conclude that the discovery rule applies and that there is a material issue of fact regarding when Carlson, with reasonable...

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