Donald Christ v. Exxon Mobil Corporation, 866 N.W.2d 602

Eight plaintiffs' claims were challenged as time-barred under a three-year statute of limitations in Wis. Stat. § 893.54(2).
Case arises from a 2006 tort action by former employees and estates at an Eau Claire tire plant alleging benzene exposure caused injuries or deaths.
The circuit court granted summary judgment to Exxon Mobil, holding accrual occurred at the decedents' deaths; the court of appeals reversed.
The central issue is whether Wisconsin's discovery rule can apply to wrongful death and survival claims and extend accrual beyond the decedent's death, including discovery by third parties.
The Supreme Court held that the discovery rule applies to both wrongful death and survival claims and can accrue after the decedent's death if reasonable diligence shows discovery by an appropriate party.
The matter is remanded for a determination whether the plaintiffs satisfied accrual under the court's rule.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can the discovery rule apply to accrual of wrongful death claims by third-party beneficiaries?	Christ argues discovery by beneficiaries can trigger accrual post-death.	Exxon contends wrongful death accrues at death under Terbush/Miller precedent.	Discovery rule applies; accrual may occur after death via beneficiary discovery.
Can the discovery rule apply to survival claims where the decedent is the injury holder?	Merrill/Borello support accrual after death through the representative's discovery.	Terbush/Miller require accrual by death or pre-death knowledge.	Survival claims may accrue after death when discovery by the representative is reasonable.
What governs the timing of accrual under the discovery rule for wrongful death and survival claims in this context?	Accrual occurs when injury is discovered or should have been discovered, whichever occurs first.	Accrual should be limited by older rule tying accrual to death without post-death discovery.	Accrual occurs on the date injury is discovered or should have been discovered, whichever occurs first.

Hansen v. A.H. Robins Co., 113 Wis.2d 550 (Wis. 1983) (established discovery rule for tort claims)
Borello v. U.S. Oil Co., 130 Wis.2d 397 (Wis. 1986) (clarified discovery rule requires discovery of cause and connection to defendant)
Emp'rs Ins. of Wausau v. Smith, 154 Wis.2d 199 (Wis. 1990) (quoting criteria for accrual and discovery rule applicability)
Miller v. Luther, 170 Wis.2d 429 (Wis. Ct. App. 1992) (wrongful death accrues at decedent's death under prior rule)
Terbush v. Boyle, 217 Wis.2d 636 (Wis. 1935) (early rule: wrongful death accrues at death)
Day v. Allstate Ins. Co., 332 Wis.2d 571 (Wis. 2011) (describes injury to beneficiaries in wrongful death context)