Cary v. City of Madison

Annette Cary appeals from a judgment dismissing her personal injury action against the City of Madison as untimely filed. We reverse the judgment.

A person claiming to have suffered injury as a result of the actions of a municipality or its agents may not commence an action to recover damages therefor unless he or she first files a claim with the municipality and the claim is denied. Sections 893.80(l)(a) and (b), Stats. This appeal concerns the special six-month statutory limitation period set by § 893.80(l)(b) for commencement of such actions after denial of the claim. The statute requires…