Legal Opinion
Coomer v. CSX Transportation, Inc.
Kentucky Supreme Court
Decided August 26, 2010No. 2008-SC-000784-DGPublishedCited by 65 opinions
1Opinion of the Court
Opinion of the Court by
Justice SCHRODER.
Appellant Emmett Coomer appeals from a summary judgment in favor of Appellee CSX Transportation, Inc. (CSX) based on the doctrine of res judicata. We conclude that a genuine issue of material fact exists as to when Coomer’s second cause of action accrued. Therefore, summary judgment was inappropriate on the issue of claim preclusion. We also conclude that Coomer’s claim is not barred by issue preclusion. Therefore, we reverse the opinion of the Court of Appeals and remand to Perry Circuit Court.
I. BACKGROUND
Coomer has worked for CSX for over 20 years in…
2Cases cited24 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Securities and Exchange Commission v. First Jersey Securities, Inc. And Robert E. BrennanCourt of Appeals for the First Circuit · 1996
- Mitchell v. City of MooreCourt of Appeals for the Tenth Circuit · 2000
- Scifres v. KraftCourt of Appeals of Kentucky · 1996
- Melissa Rawe Thomas J. Rawe Kimberly Rawe v. Liberty Mutual Fire Insurance Company Cynthia HoltcampCourt of Appeals for the Sixth Circuit · 2006
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3Cited by65 opinions
- Les Kepley v. Gerald LanzCourt of Appeals for the Sixth Circuit · 2013
- Ventas, Inc. v. HCP, INC.Court of Appeals for the Sixth Circuit · 2011
- Miller v. Administrative Office of the CourtsKentucky Supreme Court · 2011
- Brown v. GriffinCourt of Appeals of Kentucky · 2016
- Furlong Development Co. v. Georgetown-Scott County Planning & Zoning CommissionKentucky Supreme Court · 2016
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