Rios v. Davis
Court of Civil Appeals of Texas
373 S.W.2d 386 (Tex. Ct. Civ. App. 1963)
In an earlier lawsuit, Popular Dry Goods Company sued Davis (defendant) for car-accident property damage, Davis raised contributory negligence and brought in Rios (plaintiff) as a third-party defendant, and the jury found Dry Goods, Davis, and Rios all negligent -- resulting in Dry Goods losing against Davis, and Davis losing against Rios. Rios then sued Davis directly in this case; Davis raised contributory negligence and argued the suit was barred by res judicata and collateral estoppel based on the negligence findings from the prior case. The trial court agreed and dismissed Rios's suit, and Rios appealed.
Whether a factual finding from a prior action that was not essential to that judgment can bar, through res judicata or collateral estoppel, a later action based on the same facts.