Martin G. Wenke and Dakota M. Wenke, a minor, by his Guardian ad Litem, Lynn R. Laufenberg v. Gehl Company

Wenke, 274 Wis. 2d 220 (Wis. 2004) · Supreme Court of Wisconsin · July 7, 2004 · No. No. 01-2649

Summary

The Supreme Court of Wisconsin held that Wisconsin's borrowing statute, Wis. Stat. § 893.07, applies equally to foreign statutes of limitation and statutes of repose. The court concluded that the statute's reference to a foreign "period of limitation" was ambiguous and that the prior court of appeals decision in Leverence v. United States Fidelity & Guaranty was objectively wrong on that issue. Because Iowa's 15-year product-liability statute of repose barred the claim, the court affirmed dismissal of the action.

Holdings

  1. The phrase 'foreign period of limitation' in Wis. Stat. § 893.07 includes both foreign statutes of limitation and foreign statutes of repose. Wisconsin courts must apply the applicable foreign limitation period when it is shorter than the applicable Wisconsin period.
  2. The portion of Leverence holding that § 893.07 unambiguously excludes foreign statutes of repose was objectively wrong and is overruled.
  3. The interpretation including foreign statutes of repose within § 893.07 applies retroactively to Wenke's claim.

Questions Presented

  1. Whether Wis. Stat. § 893.07's reference to a foreign 'period of limitation' includes a foreign statute of repose.
  2. Whether the portion of Leverence v. United States Fidelity & Guaranty excluding foreign statutes of repose from § 893.07 remained valid after Landis and Aicher.
  3. Whether the court's interpretation of § 893.07 should apply prospectively rather than retroactively.

Disposition

affirmed

Cases Cited (12)

  • Landis v. Physicians Insurance Co., 2001 WI 86, 245 Wis. 2d 1, 628 N.W.2d 893(followed)
  • Leverence v. United States Fidelity & Guaranty, 158 Wis. 2d 64, 462 N.W.2d 218 (Ct. App. 1990)(overruled)
  • Aicher v. Wisconsin Patients Compensation Fund, 2000 WI 98, 237 Wis. 2d 99, 613 N.W.2d 849(followed)
  • Guertin v. Harbour Assurance Co. of Bermuda, 141 Wis. 2d 622, 415 N.W.2d 831 (1987)(followed)
  • Scott v. First State Insurance Co., 155 Wis. 2d 608, 456 N.W.2d 152 (1990)(distinguished)
  • Beard v. J.I. Case Co., 823 F.2d 1095 (7th Cir. 1987)(distinguished)
  • Wenke v. Gehl Co., 2003 WI App 189, 267 Wis. 2d 221, 669 N.W.2d 789(affirmed)
  • State v. Douangmala, 2002 WI 62, 253 Wis. 2d 173, 646 N.W.2d 1(followed)
  • Browne v. WERC, 169 Wis. 2d 79, 485 N.W.2d 376 (1992)(followed)
  • Kurtz v. City of Waukesha, 91 Wis. 2d 103, 280 N.W.2d 757 (1979)(followed)

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