Oney v. Schrauth

Orville Oney appeals from an order dismissing his tort action against Wolfgang Schrauth. The trial court granted Schrauth's summary judgment motion, concluding that Oney's failure to serve upon the attorney general a timely written notice of a claim pursuant to § 893.82(3), STATS., 1 was fatal to his action. Oney also appeals from an order denying his motion for relief from the first order. Oney contends that his failure to serve a timely notice is not fatal to his action because: (1) Schrauth's alleged torts did not grow out of nor were they committed in the course of the discharge of his…