Colby v. Columbia County

Clinton Colby appeals from an order dismissing his personal injury action against Columbia County and Columbia County Highway Commissioner Kurt Dey (collectively, Columbia County). The trial court dismissed the action on the ground that Colby's claim accrued more than three years before the commencement of the action and, therefore, the action was barred by the statute of limitations under § 893.54, Stats. Colby contends that under Fox v. Smith, 159 Wis. 2d 581, 464 N.W.2d 845 (Ct. App. 1990), the three-year statute of limitations was tolled when he filed a prior action against Columbia…