Rabe v. Outagamie County

Two issues are presented on this appeal:

1. Was the demurrer properly overruled on the basis of compliance with the notice of injury and filing of claims statutes ?

2. Was the deceased’s sister a proper claimant under the applicable wrongful death statute ?

Notice and filing.

The defendants contend that the complaint does not allege either the filing of a notice of injury within 120 days of the occurrence or the possession of actual notice without prejudice by the county. These alternative allegations are deemed necessary by them pursuant to sec. 895.43(1), Stats., which they argue is applicable…