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ESTATE OF MERRILL v. JERRICK

No. 99-0787.

231 Wis.2d 546 (1999)

605 N.W.2d 645

The ESTATE OF Shawn MERRILL, by James Mortenson, Personal Representative, Plaintiff-Appellant, v. Joseph JERRICK and Farmers Insurance Group/Farmers Insurance Exchange, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 23, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert E. Salmon of Meagher & Geer, P.L.L.P. of Minneapolis, MN.

On behalf of the defendants-respondents, the cause was submitted on the brief of Todd Becker of Coyne, Niess, Schultz, Becker & Bauer, S.C. of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

The Estate of Shawn Merrill appeals a summary judgment dismissing its survival claim against Joseph Jerrick and his insurer (Jerrick). The estate contends that the trial court erroneously dismissed its claim based upon a statute of limitations defense. We agree and therefore reverse the judgment and remand for further proceedings.

¶ 2. This case arises from a one-vehicle accident that occurred on November 23, 1994. Shawn Merrill,...

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