Houlihan v. Fimon

The majority concludes that collateral es-toppel should not apply in the present case. I disagree. It is undisputed that the identical issue is involved in both actions. Additionally, the arbitration proceeding qualifies as a prior adjudication. The supreme court’s decision in Aufderhar v. Data Dispatch, Inc., 452 N.W.2d 648 (Minn.1990) clearly supports application of collateral es-toppel under similar circumstances. The court held in Aufderhar that a party who has litigated the issue of personal injury damage with his insurance carrier in an arbitration proceeding may be estopped from…