DI ORIO v. CITY OF SCOTTSDALE

No. 1 CA-CIV 87.

2 Ariz. App. 329 (1965)

408 P.2d 849

Edward Carmen DI ORIO, Appellant, v. CITY OF SCOTTSDALE, a Municipal Corporation, Appellee.

Court of Appeals of Arizona.

December 16, 1965.


Attorney(s) appearing for the Case

Alan Philip Bayham, Phoenix, for appellant.

Jennings, Strouss, Salmon & Trask, by Nicholas Udall and Thelton D. Beck, Phoenix, for appellee.


CAMERON, Judge.

This is an appeal by the plaintiff Di Orio from an order granting defendant City of Scottsdale's motion to dismiss, and from an order granting defendant City of Scottsdale's motion for summary judgment.

The action arises out of an automobile-motorcycle accident. The question before this Court is whether the doctrine of res judicata or the doctrine of collateral estoppel will apply against Di Orio where he has suffered a judgment to be taken...

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