O'CONNOR v. O'LEARY

Docket No. 8119.

247 Cal.App.2d 646 (1967)

56 Cal. Rptr. 1

LORENE DE'NEEN O'CONNOR et al., Plaintiffs and Appellants, v. THOMAS S. O'LEARY et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

January 6, 1967.


Attorney(s) appearing for the Case

Casey, McClenahan & Fraley and George R. McClenahan for Plaintiffs and Appellants.

John W. Holler, Higgs, Jennings, Fletcher & Mack, Higgs, Fletcher & Mack, Henry Pitts Mack, Wright & Toothacre and Edward M. Wright for Defendants and Respondents.


COUGHLIN, J.

Plaintiffs appeal from a judgment for defendants in a wrongful death action.

The issue on appeal is whether the trial court erroneously refused to apply the doctrine of collateral estoppel by judgment in favor of plaintiffs and against defendants on the issue of negligence.

On the evening of December 2, 1961, defendant Thomas O'Leary was employed by defendant Campus Drive-In Corporation as an attendant at the latter's theatre; Dennis O...

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