Thorne v. Gay

On cross-motions for summary judgment, the trial court held that plaintiff 1 is collaterally estopped from asserting a civil claim against defendant for the recovery of unlawfully obtained unemployment insurance benefits and entered judgment for defendant. Plaintiff assigns as error the granting of defendant’s motion for summary judgment and the denial of its motion. We reverse and remand.

On March 8,1982, plaintiff issued an administrative decision that defendant had unlawfully obtained unemployment insurance benefits of $2,220, and was liable for that amount. Defendant did not seek…