Scott v. First State Insurance Co.

Murray Scott (plaintiff), a Wisconsin resident, was 11 years old when he was injured by a barn cleaner at his family’s farm in Alberta, Canada. Approximately six years later, Scott sued various individuals and entities that were involved in the design, manufacture, or sale of the barn cleaner and their insurers, including First State Insurance Company (collectively, First State) (collectively, defendants). During the approximately six years between the accident and his suit, Scott was in the actual custody of his parents. First State moved for summary judgment on statute-of-limitations grounds. Per First State, Scott’s suit involved a foreign cause of action under Wisconsin’s borrowing statute (which required the application of the shorter of Wisconsin’s or the relevant foreign jurisdiction’s statute of limitations) because Scott was injured in Alberta. First State further argued that Alberta’s law regarding the tolling of the statute of limitations also applied due to the borrowing statute. Alberta’s statute of limitations was two years, although Alberta law recognized a toll for minors unless the minor was in the actual custody of his parent or guardian. Accordingly, First State argued, Scott (who was in his parents’ actual custody) was not entitled to any toll, and his claim was time-barred. Scott responded that even if Alberta’s statute of limitations applied, Wisconsin’s toll for minors—which stopped the limitations clock until age 18 regardless of the minor’s custodial situation—applied, and thus his claim was timely. The circuit court granted summary judgment to First State. The court of appeals reversed. First State appealed.