Civil Procedure – time-of-the-event requirement

By: WISCONSIN LAW JOURNAL STAFF//February 4, 2014//

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Wisconsin Court of Appeals

Civil

Civil Procedure – time-of-the-event requirement

Thomas Mayo and James Hayslett appeal from the circuit court’s order dismissing their complaint against Jimmy D. Boyd. The circuit court dismissed the complaint because Mayo and Hayslett purportedly failed to strictly comply with the time-of-the-event requirement set forth in Wis. Stat. § 893.82(3) (2011-12). Because we conclude that § 893.82(3) cannot reasonably be read to require a plaintiff to provide the State with notice of the exact time of the event giving rise to a claim when doing so is almost impossible, we reverse and remand back to the circuit court for further proceedings. Not recommended for publication in the official reports.

2013AP1578 Mayo, et al. v. Boyd

Dist I, Milwaukee County, Noonan, J., Brennan, J.

Attorneys: For Appellant: Thomsen, Mark, Brookfield; Kaas, Sarah F., Brookfield; For Respondent: Glinski, John J., Madison

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