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eBook details

• Title: Mary Borello v. U.S. Oil Company
• Author : Second Circuit U.S. Court Of Appeals
• Release Date : January 04, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This is a review of an unpublished decision of the court of appeals dated May 6, 1985, which reversed a summary judgment of the circuit court for Milwaukee county, Hugh R. OConnell, circuit Judge. The summary judgment of the circuit court determined that a personal injury action brought by Mary Borello was not timely because the cause of action had accrued more than three years prior to the commencement of the action. Borellos complaint was dismissed. The court of appeals reversed and remanded for further proceedings, because Hansen v. A. H. Robins Co., Inc., 113 Wis. 2d 550, 335 N.W.2d 578 (1983), which adopted the discovery rule to determine when a cause of action accrues, was retroactive. The court of appeals stated that, although the injury allegedly caused by the defendants defective product occurred more than three years prior to the commencement of the action, the cause of the injury, fumes from defendants furnace, was not "discovered" until late in 1979 -- within three years of the commencement of the action. It accordingly reversed and ordered a trial. We affirm the decision of the court of appeals.

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