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FOX v. SMITH

No. 90-0912-FT.

159 Wis.2d 581 (1990)

464 N.W.2d 845

Marshall FOX, Plaintiff-Appellant, v. Eugene SMITH, Miller Christian, Thomas G. Terry, County of Milwaukee, a municipal corporation and Milwaukee Transport Services, Inc., a municipal corporation, Defendants, CITY OF MILWAUKEE, a municipal corporation, Defendant-Respondent. Marshall FOX, Plaintiff-Appellant, v. CITY OF MILWAUKEE, a municipal corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 6, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James W. McCann of the Law Offices of Alvin H. Eisenberg, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Grant F. Langley, city attorney, and Maurita Houren, assistant city attorney.

Before Moser, P.J., Sullivan and Fine, JJ.

FINE, J.

Marshall Fox appeals from a judgment dismissing his complaint against the City of Milwaukee seeking damages for injuries he claims he sustained when the bus on which he was riding collided with an automobile being chased by Milwaukee police officers. The trial court held that Fox's lawsuit against the City was barred by the statute of limitations. We disagree and reverse.

I.

The collision occurred on January 14, 1986. On April 16, 1986,...

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