Robert George Watkins v. M. & M. Tank Lines, Inc.

CHAPMAN, Circuit Judge:

The appellant asks this court to reverse the order of the district court holding that the doctrine of offensive collateral estoppel prevented appellant from raising a defense as to liability in a personal injury action because the issue of liability had been decided against the appellant in a previously tried loss of consortium action brought by appellee’s wife in state court. We grant the appellant’s request and remand this case to the district court for trial.

This action was filed in United States District Court on September 22, 1980 seeking damages for personal…