SCHMIDT v. NORTHERN STATES POWER CO.

No. 2005AP1677.

742 N.W.2d 294 (2007)

2007 WI 136

Ralph SCHMIDT and Karline Schmidt, Plaintiffs-Appellants, August C. Heeg, Jr. and Joanne Heeg, Plaintiffs, v. NORTHERN STATES POWER COMPANY d/b/a Xcel Energy, Defendant-Respondent-Petitioner, St. Paul Fire & Marine Insurance Company, Associated Electric & Gas Insurance Services Limited d/b/a Aegis Insurance Services, Inc., and/or Aegis Security Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided December 6, 2007.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Michael J. Happe, J. Drew Ryberg, and Ryberg & Happe, S.C., Eau Claire, John D. Wilson, Jordan J. Hemaidan, and Michael Best & Friedrich LLP, Madison, and oral argument by Andrea B. Niesen and Charles A. Bird.

For the plaintiffs-appellants there was a brief by Charles A. Bird, Andrea B. Niesen, and Bird, Jacobsen & Stevens, P.C., Rochester, MN, and James R. Koby and O'Flaherty Heim Egan, Ltd., La Crosse, and oral argument by Charles A. Bird.

An amicus curiae brief was filed by Trevor J. Will, G. Michael Halfenger, and Foley & Lardner LLP, Milwaukee, and Mark S. Henkel and First Law Group S.C., Stevens Point on behalf of Wisconsin Public Service Corporation and Wisconsin Power and Light Company.

An amicus curiae brief was filed by O. Thomas Armstrong, William P. Croke, and von Briesen & Roper, S.C., Milwaukee on behalf of Wisconsin Electric Power Company.

An amicus curiae brief was filed by H. Dale Peterson, John J. Laubmeier, and Stroud, Willink & Howard, LLC, Madison on behalf of Wisconsin Farm Bureau Federation, Cooperative.


¶ 1 ANNETTE KINGSLAND ZIEGLER, J.

This is a review of an unpublished decision of the court of appeals,1 which reversed and remanded the decision of the Clark County Circuit Court, Jon M. Counsell, Judge. The circuit court determined on summary judgment that the six-year statute of limitations barred Ralph and Karline Schmidt's (Schmidts) claims. See Wis. Stat. § 893.52 (2003-04).2 The circuit...

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