Debra DONALDSON, Plaintiff-Respondent v. William M. Berg, Defendant-Appellant

Aug 04, 2009

OUTCOME: Berg’s counterclaim was not barred by the applicable three-year statute of limitations because the statute of limitations was tolled as of the date Donaldson filed her action. We reverse and remand for further proceedings on Berg’s counterclaim.

William M. Berg appeals from an order dismissing his counterclaim against Debra Donaldson. At issue is whether Berg’s counterclaim, which was filed more than three years after the incident that caused ... his personal injuries, was barred by the statute of limitations found in WIS. STAT. § 893.54 (2007-08).1 We conclude that § 893.54 is the applicable statute of limitations, but that the statute of limitations was tolled pursuant to WIS. STAT. § 893.14 when Donaldson filed her personal injury action arising out of the same incident. Because of the tolling, Berg’s counterclaim was timely filed. Therefore, we reverse the order dismissing Berg’s counterclaim and remand for further proceedings.