Horton v. Morrison

In this appeal, we determine whether the trial court erred in dismissing the plaintiffs action on the basis of res judicata or collateral estoppel.

On July 7, 1987, a collision occurred between automobiles operated by Elizabeth Anne Morrison and Margaret Shaver Horton. Travis Lee Shaver, Horton’s minor son, was a passenger in Horton’s car at the time. Both Horton and Shaver were injured in the collision, and each instituted personal injury actions against Morrison.

In response to Shaver’s action, Morrison filed a third-party motion for judgment against Horton, alleging, inter alia, that Horton…