Paynter v. ProAssurance Wisconsin Insurance Co.

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming an order of the circuit court granting summary judgment in favor of Defendant, a medical doctor, on Plaintiffs' claim that Defendant negligently failed diagnose Plaintiff with cancer and violated Plaintiff's right to informed consent, holding that Wisconsin's borrowing statute did not apply to Plaintiffs' negligence claim.In his motion for summary judgment Defendant argued that Plaintiffs' claims were foreign causes of action pursuant to the borrowing statute, Wis. Stat. 893.07, and therefore, Michigan's statute of limitations applied to Plaintiffs' claims rendering their claims untimely. The circuit court granted summary judgment for Defendant. The court of appeals affirmed, applying the Michigan statute of limitations to both of Plaintiffs' claims. The Supreme Court reversed in part, holding (1) because Plaintiff's place of first injury was unknowable, Wisconsin's borrowing statute did not apply; and (2) Plaintiffs' informed consent claim was "foreign" for purposes of Wisconsin's borrowing statute, and therefore, that claim was untimely. View "Paynter v. ProAssurance Wisconsin Insurance Co." on Justia Law