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GURNEY v. HERITAGE MUT. INS. CO.

No. 93-3178.

188 Wis.2d 68 (1994)

523 N.W.2d 193

Pearl J. GURNEY and Richard E. Gurney, Plaintiffs-Appellants, BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Involuntary-Plaintiff, v. HERITAGE MUTUAL INSURANCE COMPANY, a Wisconsin insurance corporation, Supply Source, Inc., a Wisconsin corporation f/k/a Lubrication Station, Inc., and Wisconsin Quick Lube, Inc., a Wisconsin corporation d/b/a/ Jiffy Lube, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 29, 1994.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Dennis J. Sieg of McManus & Sieg, S.C. of Oregon.

For the defendants-respondents the cause was submitted on the brief of Patrick J. Anderson of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Pearl and Richard Gurney appeal from a summary judgment dismissing their personal injury action against Lubrication Station, Inc., and its insurer, Heritage Mutual Insurance Company.1 The Gurneys sued after Pearl Gurney was injured when she fell into an open pit at a Lubrication Station. The defendants moved for summary judgment on grounds that the action was not commenced within the three-year limitation period for personal...

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