Heifetz and Others v. Johnson and Another

This case involves a determination of whether plaintiffs-respondents cause of action has been barred by the statute of limitations. Plaintiffs action grows out of an automobile accident which occurred on October 21, 1968, in the city of Madison, involving plaintiff Julius Jack Heifetz and defendant-appellant Louise A. Johnson. The plaintiff, Heifetz, was paid $2,000 toward his medical expenses by his own insurer, the Heritage Mutual Insurance Company. He executed a "subrogation receipt and assignment" to Heritage on August 15, 1969. The defendants insurer, American Family Mutual Insurance Company, was notified by Heritage of that companys claim. On October 12, 1971, this action for personal injuries was begun. Other plaintiffs were: Irma R. Heifetz; Hi-Ray Corporation; Campus Hall; Apartments of Madison, Inc.; College Hills, Inc., all Wisconsin corporations. However, Heritage was not joined as a plaintiff. The defendants contended in their motion for summary judgment that the failure to join this indispensable party in the original pleadings failed to suspend the running of the statute of limitations against the original plaintiffs and that this action against the defendants was barred because it was not commenced within the time limited by law.