Hester v. Williams

The main issue presented is whether the plaintiff commenced his action for personal injuries within the statute of limitations. Two additional issues are whether the defendants waived any affirmative defenses because they were not raised in their answer or by motion and whether the defendants should be estopped from asserting a statute of limitations defense. The trial court, the Sawyer county circuit court, the Honorable Alvin L. Kelsey, granted the defendant’s motion to dismiss on the basis that the action had not been filed, and therefore had not been commenced within the statute of…