Miller v. Pool and Canfield, Inc.

NUGENT, Chief Judge.

Plaintiffs Glenn R. and Donna Jo Miller appeal from the order of the trial court granting the defendant’s motion for summary judgment on the basis of collateral estoppel. We reverse and remand with instructions to stay entry of summary judgment.

The plaintiffs argue first that the trial court erred in entering summary judgment because collateral estoppel deprived them of their right to a jury trial, guarantied by the Missouri Constitution, Article I, section 22(a). Second, the Millers contend that collateral estoppel does not apply to their case because: the issues in their…