(DOWNLOAD) "Mcadoo V. Dallas Corp." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Mcadoo V. Dallas Corp.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 07, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The plaintiff-appellant, Ralph McAdoo, has appealed the District Court's grant of summary judgment in favor of The Dallas Corporation in his diversity product liability suit. The District Court held that McAdoo was collaterally estopped from relitigating the issue of causation in his federal product liability suit because he lost a jury verdict which decided the same causation issue in a procedurally fair prior state court proceeding against his employer. McAdoo argues on appeal that the District Court misapplied the Ohio law of collateral estoppel which, he says, creates an absolute requirement of mutuality of parties, i.e., that the party invoking collateral estoppel must be bound by the prior judgment even if the judgment had been adverse. We do not so read Ohio law. Goodson v. McDonough Power Equipment, Inc., 2 Ohio St. 3d 193, 443 N.E.2d 978 (1983), appears to require mutuality in an offensive collateral estoppel case, but this is a defensive collateral estoppel case. Ohio law provides for the non-mutual application of defensive collateral estoppel where the plaintiff has had a full and fair opportunity to litigate the contested issue previously.
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