Ambrose v. Continental Insurance Co.

The dispositive issue on this appeal is whether the trial court properly determined that issue preclusion 1 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 conviction for driving while under the influence of an intoxicant, Ambrose moved the trial court to apply issue preclusion to prevent Cook from litigating in this action the issue of whether he was driving the car. We conclude that the trial…