By: Derek Hawkins//September 4, 2018//
WI Court of Appeals – District I
Case Name: Mary Ellen Mohn v. CBS Corporation, et al.
Case No.: 2017AP861
Officials: Kessler, P.J., Brash and Dugan, JJ.
Focus: Equal Protection Violation
Mary Ellen Mohn, both individually and as the personal representative for the Estate of Thomas L. Mohn, her husband (collectively, “Mohn”), appeals an order granting summary judgment in favor of Sprinkmann Sons Corporation. The trial court granted summary judgment on the grounds that Mohn’s claims against Sprinkmann were barred pursuant to the construction statute of repose set forth at WIS. STAT. § 893.89 (2015-16).
Mohn argues that the protections of the statute of repose do not extend to Sprinkmann. Additionally, Mohn raises constitutional challenges to the statute of repose, asserting that it violates the right to remedy clause of the Wisconsin Constitution as well as equal protection rights. We affirm.