Gonzalez v. Gonzalez

DANIEL S. PEARSON, Judge.

Stephen Gonzalez and United States Fidelity & Guaranty appeal from a summary judgment on liability granted in favor of Lawrence Gonzalez, the plaintiff below. The appellants contend that the trial court’s determination that Stephen was negligent and thus liable derives from an incorrect application of the doctrine of collateral es-toppel. We agree with this contention and reverse.

On February 17,1977, Lawrence Gonzalez was involved in an accident while riding in a car driven by his brother, Stephen Gonzalez. The car collided with a van owned by the United States and…