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AMBROSE v. CONTINENTAL INS. CO.

No. 96-1522.

208 Wis.2d 346 (1997)

560 N.W.2d 309

Anthony AMBROSE, Plaintiff-Appellant, v. CONTINENTAL INSURANCE COMPANY, Jody A. Cook, Defendants-Respondents, Ruth Marie COOK and Train Depot, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided January 30, 1997.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Thomas J. Basting, Sr. and Margery Mebane Tibbetts of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

For the defendants-respondents the cause was submitted on the brief of Michael P. Crooks and Patricia J. Epstein of Peterson, Johnson & Murray, S.C. of Madison.

Before Eich, C.J., Dykman, P.J., and Vergeront, J.

VERGERONT, J.

The dispositive issue on this appeal is whether the trial court properly determined that issue preclusion1 should not apply in Anthony Ambrose's personal injury action against Jody Cook and Cook's insurer, Continental Insurance Company.2 Ambrose's complaint alleged that he was injured while a passenger in a car driven by Cook. Based on Cook's prior...

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