Wendt v. General Accident Insurance Co.

I concur in the majority opinion except for its disposition of plaintiffs consortium claim and defendant’s comparative fault claim.

Plaintiffs Consortium Claim

Although they are lumped together in the majority’s analysis of defendant’s collateral estoppel contentions, there are key differences between plaintiffs claim for his own injuries and his claim for loss of his wife’s consortium that compel different results.

Plaintiffs claim for his own injuries cannot be barred by collateral estoppel by reason of the adverse judgment in his wife’s prior suit because two of the elements required for…