Collateral Estoppel ! 🪄🪄
These latin thingies sound like spells from Harry Potter.
Jouni Mustonen
2021-08-22 11:04:39 +0000 UTC
Wow, this is tough! I can't rule out any of the answers. But I note that both claims center around a single incident. A jury has already heard the facts of the incident, so it seems like a bad court thingy by the motorcyclist to try and litigate the same thing again. The motorcyclist should have sought all remedies in a single case, so I'm picking C.
B is also a strong contender, but does the state court judgement definitely establish that the company was not negligent? Suppose the cause of the accident was a lack of maintenance by the company, outside of the driver's control. The company could still be at fault. But that's only a hypothetical, so who knows? Tricky bar.