Christian v. Sizemore

WORKMAN, Justice:

This is an appeal by Willetta Dawn Christian from an August 24, 1990, final order of the Circuit Court of McDowell County granting summary judgment against her. The appellant contends that the lower court erred by relying upon principles of collateral estoppel to grant summary judgment and in granting summary judgment where genuine issues of material fact existed. We agree that collateral estoppel was not appropriately employed in this case and reverse the decision of the Circuit Court of McDowell County.

I

On July 1, 1986, the appellant, Willetta Dawn Christian, was a…