Estes v. Millea

This Court has cautioned against the excessive use of res judicata. Lewton v. McCauley, 460 N.W.2d 728 (S.D.1990) (Sabers, J., concurring specially); Bruntz v. Rutherford, 451 N.W.2d 290 (S.D.1990) (Sabers, J., concurring specially as joined by Chief Justice Miller). I also believe we should caution against the excessive use of collateral estoppel. Since each case is so fact determinative, I do agree with the end result in the present case. Here, we hold that Williams is collaterally estopped; this party, Williams, is barred from reasserting issues that were actually previously litigated and…