Aubert v. Aubert

The defendant appeals a jury verdict rendered on May 14, 1986, in favor of the plaintiff in the amount of $343,000. The following issues are presented for our review: (1) whether a prior action for divorce precludes a subsequent action for personal injuries in tort between the same parties, where the plaintiff in the tort action based his cross-libel for divorce upon the same act involved in the tort suit; (2) whether the Trial Court (Nadeau, J.) erred in ruling that the defendant’s criminal conviction for the attempted murder of her husband collaterally estops her from litigating the issues…