ONEY v. SCHRAUTH

No. 94-3298.

197 Wis.2d 891 (1995)

541 N.W.2d 229

Orville ONEY, Plaintiff-Appellant, v. Wolfgang SCHRAUTH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 26, 1995.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Orville Oney, pro se of Waldo.

For the defendant-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Michael J. Losse, assistant attorney general.

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


DYKMAN, J.

Orville Oney appeals from an order dismissing his tort action against Wolfgang Schrauth. The trial court granted Schrauth's summary judgment motion, concluding that Oney's failure to serve upon the attorney general a timely written notice of a claim pursuant to § 893.82(3), STATS.,1 was fatal to his action. Oney also appeals from an order denying his motion for relief from the first order. Oney contends that his failure...

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