Louis Paolino v. Commonwealth Engineers & Consulting, Inc.

Syllabus

The plaintiff, Louis Paolino, appealed from the Superior Court's entry of summary judgment in favor of the defendant, Commonwealth Engineers & Consulting, Inc., arguing that the hearing justice improperly found that the identity-of-issues element of collateral estoppel had been met. The Supreme Court affirmed, determining that although there was no identity of issues between the present action and the prior federal action, there was an identity of issues between the prior state action and both counts of the present action. Specifically, there was an identity of issues between the count one claim for negligence and the prior state claim for trespass because in count one it was alleged that the defendant had negligently designed a stormwater remediation system such that it deposited contaminated stormwater onto the Paolino property, and the jury in the prior state action determined that contaminated stormwater was not trespassing onto the Paolino property. Moreover, there was an identity of issues between the count two claim for negligence and the prior claim for injunctive relief stemming from an encroachment because, in count two, it was alleged that the defendant negligently designed the stormwater remediation system such that it encroached on the Paolino property, causing damages, and in the prior state action, this Court affirmed the trial justice's finding that there would be no benefit in removing the encroaching portions of the stormwater remediation system and that any injury resulting therefrom was de minimis.