Bebo Construction Co. v. Mattox & O'Brien, P.C.

I join in the judgment of the majority and most of what is set forth in the majority opinion. However, I write separately to indicate that I would not go as far as the majority does in addressing matters not necessary to the result we both reach — a conclusion that “the doctrine of collateral estoppel is not available to bar litigation of BRW’s misconduct in Bebo’s negligence action against BRW.” Maj. op. at 88. In my view, this result is reached once we determine that the issue of BRW’s misconduct was not “actually litigated and necessarily adjudicated.” Therefore, I do not reach the…