Mary Borello, Plaintiff-Appellant v. U.S. Oil Company, the Williamson Company, and Royal Globe Insurance Company, A…

Summary

The Wisconsin Supreme Court affirmed the court of appeals' reversal of a summary judgment that had dismissed Mary Borello's products liability action as time-barred. The court held that under Hansen v. A.H. Robins her cause of action did not accrue until October 30, 1979, when Dr. Fishburn diagnosed metal fume fever and attributed her respiratory injuries to the defective furnace, because 'discovery' requires knowledge of both the nature of the injury and its probable cause; her earlier subjective hunch, discounted by medical advice, did not commence the limitations period. The court further held that applying Hansen to claims accruing before that decision is not unconstitutionally retroactive, because no claim is revived and no vested right in a limitations defense arises until the limitations period runs from accrual by discovery. No separate opinions were filed.