Crossman v. Lockwood

OPINION

SHUMAKER, Judge.

In this wrongful-death action, the district court denied appellants’ summary-judgment motion premised on the contention that a verdict favorable to appellants in a prior subrogation action by respondent’s decedent’s insurer collaterally es-tops respondent from relitigating causal negligence in this lawsuit. The court certified as important and doubtful the question of whether respondent or respondent’s decedent was in privity with the insurer in the subrogation action so as to make collateral estoppel applicable. We answer the question in the negative.

FACTS

While Richard…