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VAN DEURZEN v. YAMAHA MOTOR CORP. USA

No. 03-2417.

276 Wis.2d 815 (2004)

2004 WI App 194

688 N.W.2d 777

Steven R. VAN DEURZEN, Scott D. Van Deurzen, and Susan Van Deurzen, Plaintiffs-Appellants, HEALTHCARE COST RECOVERY, INC., a/k/a Touchpoint Health Plan, Involuntary-Plaintiff-Respondent, v. YAMAHA MOTOR CORPORATION USA, Yamaha Motor Manufacturing Corporation of America, Yamaha Motor Company, Ltd, Indemnity Company of North America, c/o Cigna Property and Casualty Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 29, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David W. Neeb, Kathy L. Nusslock and Daniel J. Borowski of Davis & Kuelthau, S.C. of Milwaukee.

On behalf of the defendants-respondents Indemnity Company of North America, c/o Cigna Property and Casualty Company, the cause was submitted on the brief of Timothy A. Bascom and Amy J. Wilkinson of Bascom, Budish & Ceman, S.C. of Wauwatosa.

On behalf of the defendants-respondents Yamaha Motor Corp., USA, Yamaha Motor Manufacturing Corp. of America, and Yamaha Motor Co., Ltd., the cause was submitted on the brief of Peter J. Hickey and Kenneth R. Baumgart of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

Before Anderson, P.J., Brown and Snyder, JJ.

¶ 1. BROWN, J.

This action by Steven R. Van Deurzen, his mother and his brother arose from a jet ski accident in which Steven's arm was amputated. The plaintiffs successfully convinced the trial court that the accident occurred on navigable waters and that maritime law should apply. It turned out to be a Pyrrhic victory when a judgment and order of the trial court dismissed the claim as time-barred by a maritime statute...

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