Gilles v. Ware

For the reasons that follow, in particular in Part IV., I would reverse the grant of summary judgment and remand the case for trial.

I

A

Appellant Gilíes appeals from a summary judgment rejecting his constitutional, civil rights, and negligence claims on the ground that they were barred by the doctrine of res judicata (claim preclusion). Appellant’s suit arose out of appellee Ware’s allegedly negligent placement of 44 points on appellant’s driver’s record, resulting in the wrongful suspension of his license and his ultimate loss of livelihood as a taxicab driver. The issues on appeal are (1)…