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BLACKBOURN v. ONALASKA SCHOOL DIST.

No. 92-0298.

174 Wis.2d 496 (1993)

497 N.W.2d 460

Gary BLACKBOURN, and Estate of Tanya Blackbourn, Plaintiffs-Appellants, v. SCHOOL DISTRICT OF ONALASKA and Wausau Insurance Co., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 11, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of James G. Birnbaum and Ross A. Seymour of Davis, Birnbaum, Marcou, Devanie & Colgan of La Crosse.

For the defendants-respondents the cause was submitted on the brief of Robert S. Schuch of Straub and Schuch of Wausau.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

Gary Blackbourn appeals from an order dismissing his claim against the Onalaska school district for failure to comply with the limitation period prescribed by sec. 893.80(1)(b), Stats.1 The issue is whether the school district triggered the statute's sixmonth time limit for commencing suit by serving its notice of disallowance on Blackbourn more than 120 days after he presented the school district with his claim.

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