Wis. Supreme Court: Discovery Rule Allows for the Accrual of Survival, Wrongful Death Claims After Decedent’s Death

MADISON, Wis. –– The Wisconsin Supreme Court has affirmed the reversal of a summary judgment award entered in Exxon Mobil Corp.’s favor in a benzene case, finding that the state’s discovery rule “permits the accrual of both survival claims and wrongful death claims after the date of the decedent’s death.”

In the June 23 opinion, the state high court found that in the instant case, the statute of limitations began to run when the survival claims and wrongful death claims were discovered, “provided that the plaintiffs are able to show that they exercised reasonable diligence in investigating and discovering their …