Rhoten v. Dickson

The opinion of the court was delivered by

Biles, J.:

This appeal asks whether the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion) bar plaintiff s negligence and negligence per se claims in state court against the City of Topeka and one of its police officers after those same claims were dismissed without prejudice in federal court. We hold these claims are barred and decline plaintiff s invitation to overrule Stanfield v. Osborne Industries, Inc., 263 Kan. 388, 949 P.2d 602 (1997), cert. denied 525 U.S. 831 (1998), which found claim preclusion barred…