TRUCHINSKI v. CASHMAN

No. 47128.

257 N.W.2d 286 (1977)

Michael M. TRUCHINSKI, Appellant, v. Leo F. CASHMAN, Respondent.

Supreme Court of Minnesota.

July 22, 1977.


Attorney(s) appearing for the Case

Scholle & Scholle and Stephen G. Scholle, Minneapolis, for appellant.

Holm & Market and Gary H. Market, Minneapolis, for respondent.

Heard before ROGOSHESKE, PETERSON and SCOTT, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

Plaintiff, Michael M. Truchinski, appeals from a summary judgment dismissing his action against defendant, Leo F. Cashman, to recover damages caused by an alleged assault. Since we are persuaded that the trial judge improperly relied on findings rendered in a prior declaratory judgment action to collaterally estop the claims made by Truchinski in the present lawsuit, we reverse and remand for trial...

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