Laws v. Fisher

LAVENDER, Justice:

The issue is the applicability of the doctrine of collateral estoppel, or estoppel by judgment, to a husband’s action brought after the wife of plaintiff had previously brought an action against the same defendant for damages arising from injuries to her. The doctrine requires an identity of parties and subject matter in the two actions.

The wife’s injuries occurred in an automobile accident in which her husband had been driver of a car in which she was a passenger, and the car struck the rear of defendant’s truck stopped on the highway. There was judgment for defendant in…