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Torts — wrongful death

By: WISCONSIN LAW JOURNAL STAFF//April 10, 2013//

Torts — wrongful death

By: WISCONSIN LAW JOURNAL STAFF//April 10, 2013//

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Wisconsin Court of Appeals

Civil

Torts — wrongful death

Wisconsin’s wrongful death law does not apply in a case involving an out-of-state death.

“Despite the above-referenced longstanding precedent showing that WIS. STAT. §§ 895.03 and 895.04 are interrelated and dependent upon one another and must be applied together, the Insurers argue that § 895.04 may apply to actions not brought under § 895.03 because it makes no mention of that statute or any geographical limitation. However, the title of § 895.04—‘Plaintiff in a wrongful death action’—specifically links it to wrongful death actions. See Richards v. Badger Mut. Ins. Co., 2008 WI 52, ¶30, 309 Wis. 2d 541, 749 N.W.2d 581 (title of statute can assist in understanding statute’s meaning). And, as discussed above, Wisconsin courts have expressly rejected arguments that each of the two statutes is autonomous. Because §§ 895.03 and 895.04 must be applied together, the circuit court erred when it held that § 895.04 governed Sharon’s claim, which wrongful death claim does not exist under § 895.03.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2012AP320 Waranka v. Wadena Ins. Co.

Dist. II, Ozaukee County, Malloy, J., Neubauer, J.

Attorneys: For Appellant: Jaskulski, Robert L., Milwaukee; Wick, William R., Manitowoc; McNally, Patrick D., Milwaukee; For Respondent: Schmidt, Richard E., Milwaukee; Conway, James O., Sheboygan; Goss, Thomas E., Jr., Milwaukee; Herrick, James C., Jr., Fond du Lac; Cirillo, Corrado, Sheboygan

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