♣ After some discovery was conducted, Summit moved for summary judgment dismissing the complaint as barred by the statute of limitations, arguing that Thill discovered that toxic mold caused her injuries, at the very latest, by April 2011. Summit, Thill claimed, was negligent in that it knew or should have known of the toxic mold in the building but did not warn her or remove it. She later discovered that the toxic mold had caused her serious injuries. Thill alleged that she lived in an apartment at that complex between 20, and that on May 23, 2011, she discovered that toxic mold existed in the apartment building. ![]() ♢ On May 20, 2014, Thill commenced this action against Summit and Premier (collectively Summit), the owner and manager, respectively, of an apartment complex. Thill contends that the circuit court misapplied the discovery rule. Dorothy Thill appeals from an order granting the motion of Premier Real Estate Management, LLC and Summit Lakes Apartments, LLC, for summary judgment dismissing her complaint as barred by the statute of limitations. Before Neubauer, C.J., Reilly, P.J., and Gundrum, J. APPEAL from an order of the circuit court for Waukesha County: KATHRYN W. PREMIER REAL ESTATE MANAGEMENT, LLC AND SUMMIT LAKES APARTMENTS, LLC, DEFENDANTS-RESPONDENTS. 2014CV2292 IN COURT OF APPEALS DISTRICT II DOROTHY THILL, PLAINTIFF-APPELLANT, MARILYN TAVENNER, SECRETARY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBROGATED-PLAINTIFF, V. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. ![]() ![]() If published, the official version will appear in the bound volume of the Official Reports. 2015AP2618 STATE OF WISCONSIN NOTICE This opinion is subject to further editing. Fremgen Clerk of Court of Appeals Appeal No. COURT OF APPEALS DECISION DATED AND FILED JDiane M.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |