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TOMCZAK v. BAILEY

No. 95-2733.

206 Wis.2d 405 (1996)

557 N.W.2d 840

Thomas N. TOMCZAK and Mary Ann Tomczak, Plaintiffs-Respondents, v. Pete L. BAILEY and American Surveying Company Inc., Defendants-Appellants, Randolph L. RAFALSKI and Interline Surveying Services, Inc., Defendants, Mildred B. WOHLFARD, Defendant-Third Party Plaintiff, v. EQUITABLE/STEFANIAK REALTY, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided November 13, 1996.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Stephen L. Fox of Schmidt & Rupke, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Robert H. Bichler and Brenda J. Stugelmeyer of Hostak, Henzl & Bichler, S.C. of Racine.

An amicus curiae brief on behalf of The Wisconsin Society of Land Surveyors was filed by Norman C. Anderson and Jennifer S. McGinnity of Wheeleer, Van Sickle & Anderson, S.C. of Madison.

Before Brown, Nettesheim and Snyder, JJ.

NETTESHEIM, J.

The issue on appeal is whether the discovery rule adopted in Hansen v. A.H. Robins, Inc., 113 Wis.2d 550, 335 N.W.2d 578 (1983), applies to the time limitation for commencement of an action against a land surveyor set out in § 893.37, STATS. The statute bars a negligence action against a land surveyor brought more than six years after completion of the survey.

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