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JENSEN v. MILWAUKEE MUT. INS. CO.

No. 95-2042.

204 Wis.2d 231 (1996)

554 N.W.2d 232

Betty G. JENSEN, Plaintiff-Appellant, BLUE CROSS-BLUE SHIELD UNITED OF WISCONSIN and Administrator of Health Care Financing Administration, Plaintiffs, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Defendant-Respondent, HERITAGE MUTUAL INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided August 28, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of John G. Shannon of Coates, Dye, Foley & Shannon, S.C. of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of Russell Ware of Querrey & Harrow of Racine.

Before Brown, Nettesheim and Snyder, JJ.

NETTESHEIM, J.

At summary judgment, the trial court dismissed Betty G. Jensen's negligence action against Milwaukee Mutual Insurance Company because a jury in a prior action commenced by Betty's husband had absolved Milwaukee Mutual's insured, Eric Fortlage, of any causal negligence.1 Even though Betty was not a party to the prior action, we hold that she had sufficient identity of interest in the prior action such that she was properly...

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