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CARY v. CITY OF MADISON

No. 95-3559.

203 Wis.2d 261 (1996)

551 N.W.2d 596

Annette D. CARY and Daniel D. Cary, Victoria S. Alvarez and Alexander Z. Gonzalez, Plaintiffs-Appellants, UNIFORM SERVICES BENEFIT PLANS, INC., Adminastar Defense Services, Inc. and Monumental General Insurance Corporation, Subrogated-Plaintiffs, v. The CITY OF MADISON and Wisconsin Municipal Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 27, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of James N. Youngerman of Montie & Youngerman of Madison.

For the defendants-respondents the cause was submitted on the brief of Bradley D. Armstrong and Guy DuBeau of Axley Brynelson of Madison.

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

EICH, C.J.

Annette Cary appeals from a judgment dismissing her personal injury action against the City of Madison as untimely filed.1 We reverse the judgment.

[1]

A person claiming to have suffered injury as a result of the actions of a municipality or its agents may not commence an action to recover damages therefor unless he or she first files a claim with the...

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