Brown v. Harrison

PRITCHARD, Judge.

The issue is whether a judgment obtained by plaintiff Brown, against Harrison and Oliver, upon a verdict finding them respectively, 75% and 25% negligent, is res judica-ta, or a basis for collateral estoppel, on the severed cross-claim of Oliver against Harrison on a separate trial thereof.

On September 11,1980, Harrison filed his motion for summary judgment on the ground that Oliver’s cross-claim was barred as a matter of law because the judgment in the first trial was res judicata, or alternatively, that Oliver should be collaterally es-topped from proceeding, all due to…