Carlson v. Pepin County

Bruce Carlson appeals a judgment in favor of Pepin County, Clarence Weissinger, the Pepin County Highway Commissioner, and Robert Patraw, a Pepin County Highway Department road maintenance employee. The trial court dismissed Carlson's claim concluding that it was barred by the personal injury statute of limitation, sec. 893.54, Stats. We conclude that the discovery rule applies and that there is a material issue of fact regarding when Carlson, with reasonable diligence, should have discovered his injury, its nature, its cause and the defendants' identities. The judgment in favor of the…