Spitler v. Dean

The plaintiff, Donald Lee Spitler (Spitler), filed this intentional tort claim more than two years after he was injured, but less than two years after he discovered the identity of the alleged tortfeasor. He requests this court to extend the “discovery rule” adopted in Hansen v. A.H. Robins, Inc., 113 Wis. 2d 550, 335 N.W.2d 578 (1983), to hold that a tort claim accrues only when the plaintiff discovers, or with reasonable diligence should have discovered, the identity of the alleged tortfeasor. We agree, and remand to the trial court to determine whether reasonable diligence was exercised in…