Gillispie Ex Rel. Troxler v. Thomasville Coca-Cola Bottling Co.

HEDRICK, Judge.

Plaintiff contends that “the prior action against A & P should not work as a collateral estoppel’ to the present action. ...” because of an alleged lack of identity of parties, identity of issues and mutuality of estoppel.

In Light Co. v. Insurance Co., 238 N.C. 679, 691, 79 S.E. 2d 167, 175 (1953) it is stated:

“Generally, in order that the judgment in a former action may be held to constitute an estoppel as res judicata in a subsequent action there must be identity of parties, of subject matter and of issues. It is also a well established principle that estoppels must be…