2008AP2289 Donaldson v. West Bend Mut. Ins. Co.

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Civil Procedure
Statute of limitations; counterclaims

The filing of a complaint tolls the statute of limitations for filing a counterclaim.

"Our review of the legislative history of Wis. Stat. § 893.14 and Preston leads us to conclude that the tolling of the statute of limitation on Berg's counterclaim began on the date Donaldson filed her action. Further, we reject Donaldson's argument that the phrase 'unless otherwise specifically prescribed by law' bars Berg's claim. That phrase was not used as a basis to bar the counterclaim in Preston and we do not use it as a basis to bar Berg's claim in this case. We conclude that the phrase "unless otherwise specifically prescribed by law" found in § 893.14 applies to counterclaims that were already barred at the time the plaintiff filed his or her claim; such claims are not resurrected by the plaintiff's filing. See id."

Reversed and Remanded.

Recommended for publication in the official reports.

2008AP2289 Donaldson v. West Bend Mut. Ins. Co.

Dist. I, Milwaukee County, DiMotto, J., Kessler, J.

Attorneys: For Appellant: La Fleur, Catherine A., Milwaukee; For Respondent: Spahr, Ellen L., Milwaukee

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