If your work involves civil litigation in Wisconsin, you’ve likely run across Wis. Stat. § 893.07, the state’s borrowing statute, which governs the application of foreign statutes of limitations to cases filed in Wisconsin. And, if you’ve had the occasion to consider § 893.07, you should make a note to remember Paynter v. ProAssurance Ins. Co., No. 2017AP739 (Mar. 27, 2018), a recent decision from District III of the Court of Appeals written by Judge Lisa Stark. The decision reached a number of important holdings related to the statute and, if we had to make a prediction, is likely to be reviewed by the Wisconsin Supreme Court.
The claim in Paynter was that the defendant doctor failed to diagnose the plaintiff’s cancer. The defendants (the doctor and his malpractice insurers) successfully argued that the plaintiff’s medical-malpractice claim was barred by Michigan’s statute of limitations. The court of appeals affirmed the trial court’s decision, though it disagreed with the lower court’s rationale.
Paynter contains three important lessons.
The court of appeals affirmed the trial court’s grant of summary judgment in favor of the defendants. A petition for review is pending.