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DONALDSON v. WEST BEND MUT. INS. CO.

No. 2008AP2289.

773 N.W.2d 470 (2009)

2009 WI App 134

Debra DONALDSON, Plaintiff-Respondent, Blue Cross Blue Shield of Wisconsin, Involuntary-Plaintiff, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant, William M. Berg, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 4, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Catherine A. La Fleur of La Fleur Law Office, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Ellen L. Spahr of Emile Banks & Associates, LLC of Milwaukee.

Before CURLEY, P.J., KESSLER and BRENNAN, JJ.

¶ 1 KESSLER, J.

William M. Berg appeals from an order dismissing his counterclaim against Debra Donaldson. At issue is whether Berg's counterclaim, which was filed more than three years after the incident that caused his personal injuries, was barred by the statute of limitations found in WIS. STAT. § 893.54 (2007-08).1 We conclude that § 893.54 is the applicable statute of limitations, but that the statute of limitations...

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