Barackman v. Anderson

The issue in this case is whether a decision in a personal injury protection (PIP) arbitration should be given pre-clusive effect in a subsequent civil action. Plaintiff claimed dental injuries arising out of a vehicle collision and sought PIP benefits from her own insurer. An arbitration panel concluded that the collision did not cause plaintiffs dental injuries.

Plaintiff later sought compensation for those injuries in this civil action. Defendant, however, raised as an affirmative defense that the arbitration panel already had determined that issue adversely to plaintiff. The trial court…