Wisconsin § 893.07 - Application of foreign statutes of limitation.

§ 893.07. Application of foreign statutes of limitation.

893.07(1) (1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state. 893.07(2) (2) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies to that action has not expired, but the applicable Wisconsin period of limitation has expired, no action may be maintained in this state. 893.07 History History: 1979 c. 323 . 893.07 Note Judicial Council Committee’s Note, 1979: Sub. (1) applies the provision of s. 893.05 that the running of a statute of limitations extinguishes the right as well as the remedy to a foreign cause of action on which an action is attempted to be brought in Wisconsin in a situation where the foreign period has expired. Sub. (1) changes the law of prior s. 893.205 (1), which provided that a resident of Wisconsin could sue in this state on a foreign cause of action to recover damages for injury to the person even if the foreign period of limitation had expired. 893.07 Note Sub. (2) applies the Wisconsin statute of limitations to a foreign cause of action if the Wisconsin period is shorter than the foreign period and the Wisconsin period has run. [Bill 326-A] 893.07 Annotation The borrowing statute was properly applied to an injury received outside of this state. A conflict of laws analysis was not appropriate. Guertin v. Harbour Assurance Co. of Bermuda, 141 Wis. 2d 622 , 415 N.W.2d 831 (1987). 893.07 Annotation Section 893.16 (1) is effective to toll the running of the statute of limitations, even when under this section the plaintiff would be barred from bringing suit under applicable foreign law. Scott v. First State Insurance Co., 155 Wis. 2d 608 , 456 N.W.2d 152 (1990). 893.07 Annotation This section does not borrow foreign tolling statutes. Johnson v. Johnson, 179 Wis. 2d 574 , 508 N.W.2d 19 (Ct. App. 1993). 893.07 Annotation This section is applicable to actions on contracts. A claim is foreign when the final significant event giving rise to a suable event, the alleged breach, occurs outside the state. Abraham v. General Casualty Co. of Wisconsin, 217 Wis. 2d 294 , 576 N.W.2d 46 (1998), 95-2918 . 893.07 Annotation Sub. (1) refers to “the period of limitation,” as defined by the foreign jurisdiction, that governs the case in the foreign state. Application of this rule includes a limitation period that operates as a statute of repose. Wenke v. Gehl Co., 2004 WI 103 , 274 Wis. 2d 220 , 682 N.W.2d 405 , 01-2649 . 893.07 Annotation In medical malpractice cases involving a negligent misdiagnosis that results in a latent, though continuous, injury, whether the action is “foreign” for purposes of Wisconsin’s borrowing statute is determined by whether the plaintiff’s first injury occurred outside of Wisconsin. When the plaintiff’s place of first injury is unknowable but could have occurred within or outside of this state, the borrowing statute does not apply. Paynter v. ProAssurance Wisconsin Insurance Co., 2019 WI 65 , 387 Wis. 2d 278 , 929 N.W.2d 113 , 17-0739 . 893.07 Annotation A cause of action is foreign for purposes of the borrowing statute if the plaintiff’s injury occurred outside of this state. An injury occurs where it is felt rather than where it originates. To the extent the physician in this case violated the plaintiff’s right to informed consent, that injury was felt in Michigan because the plaintiff was in Michigan when the physician allegedly informed the plaintiff that his growth was not malignant and needed no further treatment. Paynter v. ProAssurance Wisconsin Insurance Co., 2019 WI 65 , 387 Wis. 2d 278 , 929 N.W.2d 113 , 17-0739 . 893.07 Annotation A tort action based on an injury received outside of this state was “foreign.” Johnson v. Deltadynamics, Inc., 813 F.2d 944 (1987). 893.07 Annotation Under this section, a foreign jurisdiction’s period of limitations is borrowed, but not its period of repose. Beard v. J.I. Case Co., 823 F.2d 1095 (1987). 893.07 Annotation It is a quirk of libel law that a plaintiff is generally considered to be injured wherever the defamatory writing is published. Therefore, a multistate defamation case in which at least some injury occurs within the borders of this state does not constitute a foreign cause of action for purposes of the borrowing statute. Faigin v. Doubleday Dell Publishing Group, Inc., 98 F.3d 268 (1996). 893.07 Annotation The final significant event in a contract claim occurs where a contractual duty is breached, for example, where an insurance company improperly rejects coverage or where nonconforming goods are delivered. Discovery, notice, and significant contacts are not relevant to the final significant event analysis. RCBA Nutraceuticals, LLC v. ProAmpac Holdings, Inc., 108 F.4th 997 (2024). 893.07 Annotation This section directs courts to apply the shortest limitation period possible to foreign causes of action, whether the applicable statute is a statute of limitations or a statute of repose. Merner v. Deere & Co., 176 F. Supp. 2d 882 (2001). 893.07 Annotation Wisconsin’s Borrowing Statute: Did We Shortchange Ourselves? Endreson. 70 MLR 120 (1986). 893.07 Annotation Interpreting Wisconsin’s Borrowing Statute. Wiegand. Wis. Law. May 2001. subch. II of ch. 893 SUBCHAPTER II LIMITATIONS TOLLED OR EXTENDED