02-0005 Alix, et al. v. Badger Mining Corporation, et al.

By: dmc-admin//December 30, 2002//

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Darrel Alix appeals from a summary judgment in defendants’ favor concluding that his claims were barred by Wis. Stat. § 893.54 (1999-2000), a statute of limitations. Alix argues that his claims were timely because, though he exercised reasonable diligence, he did not discover that the defendants caused his silicosis until shortly before he filed this action.

We affirm the grant of summary judgment as to defendant Badger Mining Corporation, a supplier of silica sand, but reverse as to the defendants who produced the respirators Alix used, and their insurers.

Not recommended for publication in the official reports.

Dist II, Winnebago County, Schmidt, J., Dykman, J.

Attorneys:

For Appellant: Louis L. Plotkin, New Orleans, LA; Ronald L. Lampe, Oshkosh

For Respondent: Cathy R. Gordon, Pittsburgh, PA; L. John Argento, Pittsburgh, PA; Michael J. Cohen, Milwaukee; Steven F. Stanaszak, Milwaukee, et al.

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