Torts — governmental immunity

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Wisconsin Court of Appeals

Civil

Torts — governmental immunity — notice of claim — statute of limitations

Sheila Kwick filed her personal injury lawsuit against the City of Antigo and its insurer before the expiration of the 120-day disallowance period set by the notice-of-claim statute, Wis. Stat. § 893.80(1g). Because the action was filed too soon, and the limitations period had lapsed, the circuit court properly dismissed the action with prejudice. Kwick argues the City should be estopped from raising the notice-of-claim statute or the statute of limitations as a defense, but she has failed to demonstrate inequitable or fraudulent conduct. Accordingly, we affirm. This opinion will not be published.

2013AP160 Kwick v. Cities and Villages Mutual Insurance Company et al.

Dist III, Langlade County, Kawalski, J., Per Curiam

Attorneys: For Appellant: Frokjer, Randy L., Merrill; Lubinsky, Lori M., Madison; Barber, Timothy M., Madison; For Respondent: Varline, Daniel W., Wausau; Koback, Todd Joseph, Wausau