Hildebrand v. Gray

MEMORANDUM OPINION

JONES, Presiding Judge:

Appellant, Mid-Continent Casualty Company [Mid-Continent], seeks reversal of summary judgment rendered against it in a garnishment proceeding by Appellees, Scott Hildebrand and Phyllis Richards. We hold the trial court erred in applying the doctrines of issue preclusion to deprive Appellant of an opportunity to litigate its defenses against the garnishment.

Hildebrand and Richards commenced this action to recover for injuries suffered by them and their minor children when Carl Norman Gray crashed his car into the Richards’s house. The crash occurred at…