American Province of the Servants of Mary Real Estate Corp. v. Metropolitan Utilities District

This is an action for property damage arising out of an explosion and fire in March 1960 allegedly caused by the negligence of the defendant.

The district court sustained the defendant’s motion for summary judgment based on the affirmative pleading of collateral estoppel and res judicata. The plaintiff has appealed.

The fundamental question is whether the doctrine of res judicata applies to estop the plaintiff in this action from now litigating the issue of defendant’s negligence where that issue was determined in a prior action against the same defendant, brought by an employee of the…