notice of injury requirement (Wisconsin) · Go Syfert
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notice of injury requirement in Wisconsin

8 Wisconsin opinions name it 2 courts 1957–2026 3 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
The Yacht Club at Sister Bay Condominium Association, Inc. v. Village of Sister Baygreen
wis · 2019 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
1 sentence

2021See Yacht Club, 385 Wis. 2d 158, ¶20 . ¶11 It is undisputed that the Carlborgs did not comply with either the notice of injury requirement or the notice of claim requirement before filing the instant lawsuit against Mount View.

11
Vanstone v. Town of Delafieldgreen
wisctapp · 1995 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020See Vanstone v. Town of Delafield, 191 Wis. 2d 586, 593 , 530 N.W.2d 16 (Ct. App. 1995).

2020See Vanstone v. Town of Delafield, 191 Wis. 2d 586, 593 , 530 N.W.2d 16 (Ct. App. 1995).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Joyce S. Clark v. League of Wisconsin Municipalities Mutual Insurance Company green
wisctapp · 2021
1 sentence

2026Whether a plaintiff has satisfied the notice of injury requirement, “either through formal notice or substantial compliance, is ultimately a question of law.” Clark, 397 Wis. 2d 220, ¶16 .

12026–2026
Moran v. Milwaukee County green
wisctapp · 2005
1 sentence

2021Id.

12021–2021
E-Z Roll Off, LLC v. County of Oneida green
wis · 2011
2 sentences

2020In addition, the court determined the Eberts were not entitled to an exception under the three-factor test set forth in E-Z Roll Off, LLC v. County of Oneida, 2011 WI 71 , 335 Wis. 2d 720 , 800 N.W.2d 421 .

2020In addition, the court determined the Eberts were not entitled to an exception under the three-factor test set forth in E-Z Roll Off, LLC v. County of Oneida, 2011 WI 71 , 335 Wis. 2d 720 , 800 N.W.2d 421 .

12020–2020
State Ex Rel. Kalal v. Circuit Court for Dane County green
wis · 2004
2 sentences

2020Kalal v. Circuit Ct. for Dane Cnty., 2004 WI 58, ¶46 , 271 Wis. 2d 633 , 681 N.W.2d 110 (We interpret statutes “reasonably, to avoid absurd or unreasonable results.”). ¶19 Additionally, the Eberts’ interpretation is inconsistent with the purpose of the notice of injury requirement, which is to provide governmental defendants with the opportunity to investigate and evaluate potential claims.

2020Kalal v. Circuit Ct. for Dane Cnty., 2004 WI 58, ¶46 , 271 Wis. 2d 633 , 681 N.W.2d 110 (We interpret statutes “reasonably, to avoid absurd or unreasonable results.”). ¶19 Additionally, the Eberts’ interpretation is inconsistent with the purpose of the notice of injury requirement, which is to provide governmental defendants with the opportunity to investigate and evaluate potential claims.

12020–2020
Gillen v. City of Neenah green
wis · 1998
2 sentences

2020The court also rejected the Eberts’ assertion that they were entitled to an exception to the notice of injury requirement under our supreme court’s reasoning in Gillen v. City of Neenah, 219 Wis. 2d 806 , 580 N.W.2d 628 (1998).

2020The court also rejected the Eberts’ assertion that they were entitled to an exception to the notice of injury requirement under our supreme court’s reasoning in Gillen v. City of Neenah, 219 Wis. 2d 806 , 580 N.W.2d 628 (1998).

12020–2020
Ocampo v. City of Racine green
wis · 1965
2 sentences

1981In Ocampo v. Racine, 28 Wis.2d 506 , 137 N.W.2d 477 (1965), the court considered the effect of the failure to comply with the notice of injury provision under sec. 81.15,1965 Stats. 11 That statute provided: “. . .

1981In Ocampo v. Racine, 28 Wis.2d 506 , 137 N.W.2d 477 (1965), the court considered the effect of the failure to comply with the notice of injury provision under sec. 81.15,1965 Stats. 11 That statute provided: “. . .

11981–1981
Pattermann v. City of Whitewater green
wis · 1966
2 sentences

1968This notice-of-injury requirement was discussed in Pattermann v. Whitewater (1966), 32 Wis. 2d 350 , 145 N. W. 2d 705 , and was contrasted with a requirement of filing of a claim under sec. 62.25, Stats.

1968This notice-of-injury requirement was discussed in Pattermann v. Whitewater (1966), 32 Wis. 2d 350 , 145 N. W. 2d 705 , and was contrasted with a requirement of filing of a claim under sec. 62.25, Stats.

11968–1968
Manas v. Hammond neutral
wis · 1934
2 sentences

1964Two terms are used in every discussion of this question — “right” and “remedy.” In Manas v. Hammond (1934), 216 Wis. 285, 287 , 257 N. W. 139 , this court held that the notice-of-injury requirement of sec. 330.19 (5), Stats., was a condition precedent, rather than a statute of limitation, because the time requirement could not be said to affect either the right or the remedy directly, and was thus only a condition which must be fulfilled in order to secure the aid of the court.

1964Two terms are used in every discussion of this question — “right” and “remedy.” In Manas v. Hammond (1934), 216 Wis. 285, 287 , 257 N. W. 139 , this court held that the notice-of-injury requirement of sec. 330.19 (5), Stats., was a condition precedent, rather than a statute of limitation, because the time requirement could not be said to affect either the right or the remedy directly, and was thus only a condition which must be fulfilled in order to secure the aid of the court.

11964–1964
Steffen v. Little green
wis · 1957
1 sentence

1957Another case decided this day deals with retrospective amendment of statutes governing procedure. *337 (See Steffen v. Little, post, p. 350, 86 N. W. (2d) 622 .) By the Court. —Order affirmed.

11957–1957

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (4) WI § Wis. Stat. § 893.80 (4) WI § Wis. Stat. § 802.08 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 10 (2002–2022) TX 9 (1932–2016) WI 8 (1957–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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