Wrongful Death-Motor Vehicle

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WI Court of Appeals – District III

Case Name: Estate of Kevin Wiemer v. Zeeland Farm Services, Inc.

Case No.: 2022AP001346

Officials: Stark, P.J.

Focus: Wrongful Death-Motor Vehicle

Kevin Wiemer died after falling into a gravity-operated hopper trailer that was attached to a semi-tractor and being smothered by the trailer’s cargo of corn gluten. More than two years later, Wiemer’s surviving spouse, Angela Wiemer, and his estate (collectively, “the Estate”) filed the instant wrongful death action against Zeeland Farm Services, Inc., Atlantic Carriers, Inc., Blackhoof Trucking LLC, and Scottsdale Indemnity Company (collectively, “the Defendants”).

The Defendants moved for judgment on the pleadings, and their motion was subsequently converted to a motion for summary judgment. The Defendants argued that the Estate’s complaint was untimely under WIS. STAT. § 893.54(2m) (2021-22), which provides a two-year statute of limitations for actions “brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle.” The circuit court denied the Defendants’ summary judgment motion. The court agreed with the Defendants that the tractor-trailer that hauled the corn gluten was a “motor vehicle” for purposes of § 893.54(2m). The court concluded, however, that Weimer’s accident did not “involv[e]” a motor vehicle.

The Defendants, on appeal, argued that the circuit court erred by denying their summary judgment motion and the appeals court agrees. While the court correctly concluded that the tractor-trailer was a “motor vehicle” for purposes of WIS. STAT. § 893.54(2m), the court erred by concluding that Wiemer’s accident did not involve a motor vehicle. The appeals court also rejects the Estate’s alternative argument that Wiemer’s death did not “aris[e] from” an accident involving a motor vehicle.

Reversed and Remanded.

Decided 08/08/23

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