(DOWNLOAD) "Day v. Davidson" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Day v. Davidson
- Author : Supreme Court of the United States
- Release Date : January 24, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The question in this case is the effect to be given a judgment, based on vicarious liability and entered against an employer, following an offer of judgment and acceptance of that offer, in a subsequent action brought against the negligent employee. After accepting an offer of judgment made by Pamida, Inc. (Pamida), which was entered and satisfied, Clementine Day and Antoine Day (Days) brought this action against Keith Davidson (Davidson). The judgment against Pamida was based upon vicarious liability flowing from Davidsons negligent conduct. The trial court ruled that the doctrines of res judicata and collateral estoppel served as effective bars to the claims of the Days against Davidson, and it granted a summary judgment in favor of Davidson. We hold that res judicata and collateral estoppel are inapposite. We hold, however, that the consent judgment is to be treated the same as a judgment on the merits for purposes of applying the RESTATEMENT (SECOND) of JUDGMENTS §§ 50 and 51 - Page 380 (1982). We agree with the disposition of the trial court, albeit on a different ground, and the Order Granting Defendants Motion for Summary Judgment is affirmed.
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