Hunter v. City of Des Moines

300 N.W.2d 121 (1981)

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Hunter v. City of Des Moines

Iowa Supreme Court
300 N.W.2d 121 (1981)

MP

Facts

Two cars were involved in a car accident allegedly caused by the city’s negligence. The driver and the owner of the second car (plaintiffs) and a passenger filed separate lawsuits against the city. The driver and owner of the second car did not join the passenger’s lawsuit and resisted the city’s attempt to consolidate the two lawsuits for trial. The passenger’s case was tried first and resulted in a judgment against the city with a finding that the city’s negligence caused the accident. Thereafter, the driver and the owner of the second car sought to use offensive, nonmutual collateral estoppel (issue preclusion) in their case against the city on the issue of the city’s negligence in causing the accident. The trial court would not allow it, and the case proceeded to trial. The jury returned a verdict for the city. The driver and the owner of the second car appealed.

Rule of Law

Issue

Holding and Reasoning (Allbee, J.)

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