Awve v. Physicians Insurance Company of Wisconsin, Inc.

Tonj a R. Awve, the estate of Zachary H. Martz, and Scott Martz (the parents) appeal the summary judgment dismissing their medical malpractice actions for the death of Tonja and Scott's infant son on the grounds that they were untimely filed. The parents argue that the estate's cause of action was timely filed under one statute of limitations, sec. 893.56, Stats., and that their wrongful death action was timely filed under another statute of limitations, sec. 893.55, Stats.

The first issue involves the tolling provision in sec. 893.56, Stats., which gives a minor until the age of ten to bring…