Jensen v. Milwaukee Mutual Insurance

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. 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 bound by the prior jury determination. We therefore affirm the trial court's judgment dismissing Betty's action on the basis of issue preclusion.

The parties stipulated to the…