Negligence-Dental Procedures-Statute of Limitations

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WI Court of Appeals – District III

Case Name: Vladimir Kozubovsky v. Menomonie Street Dental, LLC

Case No.: 2022AP000852

Officials: Hruz, J.

Focus: Negligence-Dental Procedures-Statute of Limitations

Kozubovsky, representing himself, had alleged that Menomonie Street Dental, (MSD) was negligent in various dental procedures performed between 2014 and 2018. He argued that the statute of limitations should begin from the date he received a conclusive expert opinion in January 2021, identifying his dental work as substandard. However, the court found that an email Kozubovsky sent to MSD on January 6, 2020, in which he detailed consultations with four dentists confirming the substandard nature of the dental work, sufficiently demonstrated that he had discovered his injuries by that date. Consequently, since Kozubovsky filed his lawsuit in December 2021, more than one year after the discovery, his claim was deemed untimely. The court rejected Kozubovsky’s arguments for distinguishing his case from precedents, asserting that having multiple injuries or requiring diagnosis by professionals did not alter the standard for when an injury is considered discovered. Additionally, the court dismissed Kozubovsky’s claims of concealment by MSD and equitable estoppel, emphasizing that a defendant’s right to deny wrongdoing does not preclude asserting a statute of limitations defense.

Affirmed.

Decided 03/26/24

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