Cone v. Shunka

JAMES E. DOYLE, District Judge.

The defendant Lake Shore Mutual Insurance Company moves for summary judgment under Rules 12 and 56 of the Federal Rules of Civil Procedure, to dismiss plaintiff’s complaint as against it. The motion is based upon section 330.205, Wisconsin Statutes, which provides that an action for personal injuries must be brought within three years of the date of injury.

Plaintiff Atha Cone was allegedly injured on August 28, 1960. The action was brought in Circuit Court for Sauk County, Wisconsin. The original summons and complaint named as defendants Florence J. Shunka,…