MacKall v. Zayre Corp.

This case presents two questions. The first question is whether the principles of res judicata and collateral estoppel prevent a company from litigating, in a tort action, its status as an employer of an individual after there has been a determination in a Workmen’s Compensation Commission proceeding that the individual is the employee of another company. The second question is whether, given the evidence in this case, the trial court erred in instructing the jury that an individual simultaneously might be the employee of two employers.

Zayre Corporation (Zayre) is a company which owns and…