Legal Opinion

Waranka v. Wadena Insurance

Court of Appeals of Wisconsin

Decided April 10, 2013No. 2012AP320PublishedCited by 2 opinions

1Opinion of the Court

NEUBAUER, EJ.

¶ 1. In this case, we conclude that Wisconsin's wrongful death law does not apply in a case involving an out-of-state death. Sharon Waranka's husband, Nicholas Waranka, died in Michigan. Sharon brought a wrongful death action in Wisconsin. Because Wisconsin's wrongful death law, including its attendant terms and limitations, does not apply to deaths caused *114out of state, Sharon does not have a viable wrongful death claim under Wisconsin law. Instead, Michigan's wrongful death statute applies. We reverse that portion of the order applying Wisconsin's wrongful death law's attendant…

2Cases cited16 opinions

  1. Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
  2. Harnischfeger Corp. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1995
  3. Hughes v. FetterSupreme Court of the United States · 1951
  4. Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008
  5. Bartholomew v. Wisconsin Patients Compensation Fund & Compcare Health Services InsuranceWisconsin Supreme Court · 2006

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3Cited by2 opinions

  1. Sharon R. Waranka v. Wadena Insurance CompanyWisconsin Supreme Court · 2014
  2. Care.Stat! Inc. d/b/a CareRev v. Litehouse Health WI, LLC; Litehouse Health E WA, LLC; David Heath; Haakon Midness; Alyssa Zoffer; Alison HenigeDistrict Court, E.D. Wisconsin · 2026

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