Help intentional tort discovery

Asked almost 2 years ago - Park Falls, WI

I discovered the identity of the tortfeasor this year. Per Wisc. Stats. 893.57 intentional torts: a cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. The plaintiff has 3 years to file a claim after the discovery is made.

However, the conduct/act by the person occurred four years ago. The statute was amended two years ago, changing the discovery time from 2 years, to 3 years.

My question is, which discovery rule applies? 2 years, as it was before the amendment? or 3 years? Again, I discovered the identity of the tortfeasor this year and had no way to know any sooner.

Attorney answers (2)

  1. John B. Edmondson

    Contributor Level 10

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    Answered . Difficult to say without going back to the changes in enacting bill that amended the law from 2 to 3 years to see what might also be included on that issue. But...I think the answer is it shouldn't matter, if you have only recently discovered (say within the year) who the tortfeasor was....you have either 2 years or 3 years in which to bring your claim AFTER THE DISCOVERY ,under those statutes/ law and the discovery rule, so you are still within the SOL for either one In a situation as you describe.

    Here is the case to look at on the discovery rule that you cited:
    A cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. Spitler v. Dean, 148 Wis. 2d 630, 436 N.W.2d 308 (1989).
    Go to Google Scholar to take a look at it.
    Good luck.

    The above is general legal information that may or may not apply in your state. You should use this information... more
  2. Michael Ryan Juarez

    Contributor Level 16

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    Answered . Check the case law which cites that statute for a possibly decision already handed down on your issue.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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