Sky City Stores, Inc. v. United Overton Corp.

BECTON, Judge.

This appeal arises from an action by plaintiff, Sky City Stores, Inc. (Sky City), to recover the cost of litigation for a previous action under an indemnification contract with defendant, United Overton Corporation (United Overton). The trial judge granted United Overton’s motion for summary judgment on the ground that the doctrine of collateral estoppel precluded Sky City from maintaining an action based on United Overton’s negligence since that issue was decided in the earlier action in which Sky City was found negligent. Sky City appeals. We affirm.

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The facts are not in…