Cook v. Connolly

I respectfully dissent. Plaintiff has an independent cause of action which she ought to be permitted to pursue on the merits.

1. The plaintiff should not be collaterally estopped from bringing her claim.

The majority opinion holds that the doctrine of collateral estoppel estops plaintiff from asserting her claim of negligence against the respondent attorney. The majority opinion totally ignores the fact that the settlement which was approved when plaintiff was four years old related to a claim of negligence asserted against entirely different tortfeasors — on entirely different issues.

The…