Lawwly

Genrich v. OHIC Insurance Company

Wisconsin Supreme Court

769 N.W.2d 481 (2009)

Torts
Relevant factsFree

Robert Genrich developed a fatal infection after a sponge was accidentally left inside him during surgery on July 23-24, 2003; the sponge was discovered and removed on August 8, but he died on August 11, 2003. His estate and wife Kathy (plaintiffs) sued the doctors and OHIC Insurance (defendants) on August 9, 2006, and OHIC moved for summary judgment arguing the three-year medical negligence statute of limitations had already run; the trial court agreed, the court of appeals affirmed, and Kathy sought Wisconsin Supreme Court review.

IssueFree

Whether a later injury from the same tortious act restarts the running of the statute of limitations.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start freeLog in

Related cases

Behrendt v. Gulf Underwriters Insurance Co.768 N.W.2d 568 (2009)Erickson v. Irving16 So.3d 868 (2009)Jahn v. Hyundai Motor Co.773 N.W.2d 550 (2009)Condra v. Atlanta Orthopaedic Group681 S.E.2d 152 (2009)McCumbers v. Puckett918 N.E.2d 1046 (2009)