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N.N. v. MORAINE MUT. INS. CO.

No. 88-0578.

148 Wis.2d 311 (1988)

434 N.W.2d 845

N.N., a minor, by her Guardian Ad Litem, Michael J. Donovan, Linda J. Schneider and T.E.N., Plaintiffs-Appellants-Cross Respondents, v. MORAINE MUTUAL INSURANCE COMPANY, and Threshermen's Mutual Insurance Company, Defendants-Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided December 21, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellants-cross respondents, the cause was submitted on the briefs of Michael J. Donovan of Hausmann, McNally & Hupy, S.C., of Milwaukee.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the briefs of Laurie J. McLeRoy of Riordan, Crivello, Carlson & Mentkowski, of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This appeal from a grant of summary judgment questions whether a plea of guilty to sexual assault pursuant to sec. 940.225(1)(d), Stats., collaterally estops the victim from then starting a civil action claiming that the act was the result of negligence. Under the facts of this case, we hold that it does not. The insurance companies cross-appeal from a denial of summary judgment, questioning whether the "notice...

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