McKIBBEN v. ZAMORA

No. 76-2367.

358 So.2d 866 (1978)

Eleyna McKIBBEN and Robert McKibben, Her Husband, Appellants, v. Oscar ZAMORA and Nationwide Mutual Insurance Company, Etc., Appellees.

District Court of Appeal of Florida, Third District.

May 16, 1978.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Tobin & Fisch, Miami, for appellants.

Weinstein & Bavly and Arthur J. Morburger, Miami, for appellees.

Before PEARSON, NATHAN and HUBBART, JJ.


HUBBART, Judge.

This is a negligence tort action for personal injuries and property damage arising out of an automobile accident filed before the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court entered a final summary judgment for the defendants on the ground of res judicata. The plaintiffs appeal.

The sole issue presented for review is whether a plaintiff is barred by res judicata from bringing a negligence tort action for personal...

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