AUFDERHAR v. DATA DISPATCH, INC.

No. C7-88-2006.

452 N.W.2d 648 (1990)

Donald AUFDERHAR, Jr. Appellant, v. DATA DISPATCH, INC. and John Schuck, Respondents, and Westfield Insurance Companies, Intervenor.

Supreme Court of Minnesota.

March 9, 1990.


Attorney(s) appearing for the Case

John W. Wood, Jr., Johnson, Wood, Phleger & Bigelow, Wayzata, for appellant.

Wayne J. Studer, Brian G. Larson, Larry J. Peterson & Associates, St. Paul, for respondents.

Heard, considered and decided by the court en banc.


KELLEY, Justice.

The question presented by this case is whether a defendant in a common law motor vehicle negligence action may invoke the doctrine of collateral estoppel to prevent the common law plaintiff from relitigating the amount of his personal injury damage claim when that precise issue had been previously determined in an uninsured motorist arbitration hearing between the plaintiff and the uninsured motorist insurance carrier. We hold that within the factual...

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