Sharon R. WARANKA, Individually, And as Personal Representative of the Estate of Nicholas Waranka, Plaintiff-Appellant,
v.
WADENA INSURANCE COMPANY, Auto Owners Insurance Company, Michael Eidenberger, State Farm Mutual Automobile Insurance Company, Scott R. Brewer, Zachary G. Nelson, Larry Neman, American Family Mutual Insurance Company and Mark Jonas, Defendants-Respondents.
State Farm Fire and Casualty Company, Defendant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on Briefs November 30, 2012.
Opinion Filed April 10, 2013.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant, the cause was submitted on briefs of Robert L. Jaskulski of Habush Habush & Rottier, S.C., Milwaukee.
On behalf of the defendants-respondents Scott R. Brewer and State Farm Mutual Automobile Insurance Company, the cause was submitted on the brief of James O. Conway and Corrado Cirillo of Olsen, Kloet, Gunderson & Conway, Sheboygan.
On behalf of the defendant-respondent Wadena Insurance Company, the cause was submitted on the brief of Patrick D. McNally of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee.
On behalf of the defendants-respondents Zachary G. Nelson and State Farm Mutual Automobile Insurance Company, the cause was submitted on the brief of James C. Herrick, Jr. of Herrick Law Office, S.C., Fond du Lac.
On behalf of the defendants-respondents Larry Neman and Wadena Insurance Company, the cause was submitted on the brief of William R. Wick and Justin F. Wallace of Nash, Spindler, Grimstad & McCracken LLP, Manitowoc.
Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.
Court of Appeals of Wisconsin.
NEUBAUER, P.J.
¶ 1 In this case, we conclude that Wisconsin's wrongful death law does not apply in a case involving an out-of-state death. Sharon Waranka's husband, Nicholas Waranka, died in Michigan. Sharon brought a wrongful death action in Wisconsin. Because Wisconsin's wrongful death law, including its attendant terms and limitations, does not apply to deaths caused out of state, Sharon does not have a viable wrongful death claim under Wisconsin law. Instead...
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