· 1/18/1940
Protest 711546-G of Bullocks, Inc.
Citations
- 4 Cust. Ct. 369
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- in action involving personal injury to child, interests of parents for loss of services and medical expenses is derivative and not the same as child’s claim for damages
- modified in part on other grounds in Grava v. Parkman Twp., 73 Ohio St.3d 379, 382, 653 N.E.2d 226, 229 (1995
- “If the plaintiff in the prior action is successful, . . . that . . . plaintiff cannot recover again on the same cause of action”
- “[E]ven where the cause of action is different in a subsequent suit, a judgment in a prior suit may nevertheless affect the outcome of the second suit.”
- both facets require “identity of parties or their privies”
- collateral estoppel does not bar a minor’s action, by parent as next friend, for personal injuries following parents’ unsuccessful action on same claim when child and parents were not in privity, child was not a real party to former suit and child had no control over that litigation
Source: CourtListener parenthetical corpus (CC0).
Judges: Dallingee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.