Gilbert v. Fireside Enterprises, Inc.

AKIN, Justice.

This is an appeal by the plaintiff, Della Faye Gilbert, from a summary judgment denying her relief in an action for breach of an employment contract against the defendant, Fireside Enterprises, Inc. Fireside’s motion was based solely on the ground that appellant’s action was precluded by virtue of a prior judgment in a negligence action between the same parties arising out of the same transaction.1 Thus, the trial judge could only have rendered summary judgment on this ground. We reverse on the ground that appellant’s claim is not precluded by the prior judgment on her suit for…