Webb v. Persyn

OPINION

PEEPLES, Justice.

The district court has given a county court judgment complete res judicata effect in a subsequent case arising from the same incident. Pursuant to a statute that modifies the common law of res judicata in these circumstances, we hold that the court erred in applying res judicata to issues that could have been raised but were not raised in county court. We therefore reverse and remand.

The suit arose from an automobile collision between plaintiff Webb and defendant Per-syn. Webb’s insurer paid his property damage and then brought a county-court subro-gation action in…