Margo-Kraft Distributors, Inc. v. Minneapolis Gas Co.

Peterson, Justice.

The sole issue on this appeal from summary judgment for defendants is whether the doctrine of collateral estoppel bars plaintiff’s negligence action against defendants. The issue, more specifically, is whether or not plaintiff was either a party or privy to the prior action on which defendants based their defensive claim of collateral estoppel. The trial court, after a full evidentiary hearing, ruled that defendants should have judgment on either ground.

The present lawsuit, as well as the prior lawsuit, arose out of a fire on October 12, 1960, that destroyed a building which…