· 9/23/1985
Bobby G. Freeman on Behalf of Himself and the Wrongful Death Beneficiaries of Laura Freeman v. Lester Coggins Trucking, Inc., and Kenneth R. Deis
Citations
- 771 F.2d 860
- 1985 U.S. App. LEXIS 23252
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that privy requires “more than a showing of parallel interests, or, even, a use of the same attorney in both suits”
- where party seeks damages for himself in successive actions, individual and representative distinction collapses and collateral estoppel or res judicata applies
- judgment for defendant did not collaterally estop new plaintiff not party or privy of unsuccessful plaintiff in first suit
- each family member had separate and independent cause of action
- father who had previously lost suit based upon his own injuries not barred from relit-igating issues in later suit on behalf of mother and children, where the second suit was premised upon a child’s distinct injuries, and resulting death, from the same accident
Source: CourtListener parenthetical corpus (CC0).
Judges: Reayley, Tate, Hill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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