In what circumstances will collateral estoppel be used in a personal injury action?
California, United States of America
The following excerpt is from Estate Of Richard G. Olsen v. Curry, H034704, No. CV161940, PR044403 (Cal. App. 2010):
In sum, plaintiffs current "cause of action is not the same as the one previously litigated and, therefore, we are here concerned with the doctrine of collateral estoppel and not with res judicata in its primary sense." (Mitchell v. Jones, supra, 172 Cal.App.2d at p. 584.)
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