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BOATRIGHT v. SPIEWAK

No. 97-0036.

214 Wis.2d 507 (1997)

570 N.W. 2d 897

Mary H. BOATRIGHT and George S. Boatright, Plaintiffs-Petitioners-Appellants, v. Jeanette M. SPIEWAK and The Ohio Casualty Insurance Company, Defendants-Petitioners-Appellants, ENTERPRISE RENT A CAR COMPANY, INC., Defendant-Respondent, AUTOMOBILE CLUB INSURANCE COMPANY and Donna Shalala, Secretary of the Department of Health and Human Services, Defendants.

Court of Appeals of Wisconsin.

Decided October 28, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-petitioners-appellants and defendants-petitioners-appellants, the cause was submitted on the joint briefs of William J. Ewald and Beth Rahmig Pless of Denissen, Kranzush, Mahoney & Ewald and David L. Weber of Pinkert, Smith, Weir, Jinkins, Nesbitt, Hauser & Weber of Sturgeon Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of Frank L. Steeves and Kathleen A. Rinehart of Crivello, Carlson, Mentkowski & Steeves, S.C. of Milwaukee.

Before Cane, P.J., Myse and Hoover, JJ.

HOOVER, J.

Mary and George Boatright brought this action to recover damages for injuries Mary allegedly sustained as a passenger in a collision with an Enterprise rental vehicle driven by Jeanette Spiewak. The Boatrights, Spiewak and her insurer, Ohio Casualty Insurance Company, appeal a declaratory judgment denying and granting various motions.1 All four requested the trial court to declare that Enterprise Rent A Car Company, Inc., has...

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