Donaldson v. West Bend Mutual Insurance

¶ 1. William M. Berg appeals from an order dismissing his counterclaim against Debra Donaldson. At issue is whether Berg's counterclaim, which was filed more than three years after the incident that caused his personal injuries, was barred by the statute of limitations found in Wis. Stat. § 893.54 (2007-08). We conclude that § 893.54 is the applicable statute of limitations, but that the statute of limitations was tolled pursuant to Wis. Stat. § 893.14 when Donaldson filed her personal injury action arising out of the same incident. Because of the tolling, Berg's counterclaim was timely…