417 N.E.2d 112 | Ohio Ct. App. | 1979
Plaintiffs-appellees, West American Insurance Company and Ellis Hupp, sued Robert L. Humphrey, defendant-appellant, for damages to Hupp's automobile, alleging that defendant was negligent in an auto accident on August 12, 1977. West American Insurance Company was subrogated to $655.24 of the $
Thereafter, plaintiffs moved for summary judgment based on a judgment in the case of Lisa Humphrey v. Ellis and Mabel Hupp, arising from the same auto accident. Plaintiffs asserted that this judgment conclusively established that Robert Humphrey's negligence was the sole proximate cause of the accident by use of the doctrine of collateral estoppel.
The trial court sustained the motion for summary judgment and rendered final judgment in favor of plaintiffs.
Appellant has asserted the following assignments of error:
"I. The Trial Court erred in applying the `doctrine of collateral estoppel' as there is no mutuality between the parties and their privies in the two actions.
"II. The Court erred in failing to accept, for the purposes of deciding the Motion for Summary Judgment, the testimony of the defendant, Robert Humphrey."
Two automobiles were involved in a collision on August 12, 1977: an automobile owned by Ellis Hupp and operated by his wife, Mabel Hupp, and an automobile owned by Lisa Humphrey and operated by her husband, Robert L. Humphrey. Two lawsuits were commenced, both pending in Franklin County Municipal Court. The first action was that of Lisa Humphrey v. Ellis and Mabel Hupp. Final judgment was rendered for the Hupps when the trial court found that Robert Humphrey's negligence was the sole proximate cause of the damage and, thus, that Lisa Humphrey, the owner of the Humphrey vehicle, could not recover damages against the Hupps.
The other action, this case, is that of Ellis Hupp and his subrogated insurer against Robert Humphrey, the driver of *190 the Humphrey vehicle, for damages to the Hupp automobile.
The issue is the binding effect, if any, of the final judgment in the former case to this case.
Appellees assert and the trial court found that the factual finding of the first case, that Robert Humphrey's negligence was the sole proximate cause of the accident, is binding against Robert Humphrey, a non-party to the first action, by virtue of the doctrine of collateral estoppel.
Appellant asserts that he is not bound by the result of the first case, as he was neither a party nor in privity with a party in that case, and that he is entitled to his day in court to litigate the contested issues of negligence and proximate cause.
The general rule is that a final judgment which decides a point of law or fact is binding, by the doctrine of collateral estoppel, upon a party or a person in privity therewith, which persons are precluded from subsequently relitigating the identical issue. In paragraph four of the syllabus in the case of Whitehead v. Genl. Tel. Co. (1969),
Robert Humphrey, the husband of Lisa Humphrey who was the plaintiff in the first case, was the bailee of an automobile owned by Lisa, the bailor. There is nothing in the record to indicate that Robert Humphrey's negligence is imputed to the owner, Lisa. Negligence is not imputed solely because of the husband-wife relationship or because a bailment existed. Ohio has not adopted the family purpose doctrine for imputing negligence.
The question then is whether there is privity between a bailor and bailee for purposes of applying the doctrine of collateral estoppel. The law does not support a finding of privity. The bailor and bailee each have their own interest in the chattel. One has not succeeded to an estate or interest formerly held by the other. As pointed out in Hudson TransitCorp. v. Antonucci (New Jersey Court of Errors and Appeals 1948),
"In other words, while under the general rule in a situation in which both bailor and bailee in successive suits attempt to recover for injury to the bailed property, privity between them may exist based upon their common interest in the bailed chattel, no common liability of bailor and bailee for injury caused by the bailed chattel is recognized for the purpose of giving them the relation of privies."
Since Robert Humphrey has not had an opportunity to litigate negligence and proximate cause and is not in privity with his wife for purposes of binding him with the determination in her case, the trial court erred in applying the doctrine of collateral estoppel. Not only is this result in accord with the general rule and supporting cases, but it is also fortified by the judgment in Nationwide Ins. Co. v. Steigerwalt (1970),
The recent case of Hicks v. De La Cruz (1977),
Appellant's first assignment of error is sustained. His second assignment of error is overruled since the judgment in the prior case of Lisa Humphrey v. Ellis and Mabel Hupp has no binding effect upon this case — so the issue raised therein is moot.
Appellant's first assignment of error is sustained. Appellant's second assignment of error is overruled. The judgment of the trial court is reversed and the case is remanded for further procedure consistent with this decision.
Judgment reversedand cause remanded.
WHITESIDE and REILLY, JJ., concur. *193