Wisconsin Court of Appeals
Civil Procedure — statute of limitations — discovery rule
Dorothy Beaver, individually and as special administrator for the Estate of Arthur Beaver, Geraldine Goulet, individually and as special administrator for the Estate of Clayton W. Goulet, Adele Otto, individually and as special administrator for the Estate of Ben Otto, and Lynn Fox, individually and as special administrator for the Estate of Orvil M. Smith (collectively, the appellants), appeal an order of the circuit court denying their motion to vacate a stipulation that an untimely answer filed by two respondents in this action would be treated as timely. They also appeal judgments entered following the circuit court’s orders dismissing on summary judgment their wrongful death and survival claims against Exxon Mobil Corporation, Sunoco, Inc., Texaco Downstream Properties, Inc., Four Star Oil and Gas Company, BP Products North America, Inc. and Ashland Chemical Company (collectively, the respondents), which the court concluded were time barred. We affirm the circuit court’s denial of the appellants’ motion to vacate the stipulation of counsel, but reverse the circuit court’s judgments dismissing the appellants’ claims on summary judgment. Not recommended for publication in the official reports.
Dist III, Eau Claire County, Gabler, J., Sherman, J.
Attorneys: For Appellant: Sieben, Michael R., Hastings, MN; Biegert, Matthew A., New Richmond; Brose, Michael J., New Richmond; Hawes, Amanda, San Jose, Calif.; Alexander, Richard, San Jose, Calif.; For Respondent: Sullivan, Dennis M., Madison