MESSICK v. STAR ENTERPRISE

No. 183, 1994.

655 A.2d 1209 (1995)

Donald W. MESSICK and Penny Messick, Plaintiffs Below, Appellants, v. STAR ENTERPRISE, a general partnership, Texaco Refining and Marketing (East) Inc., a Delaware corporation, as owner/partner of Star Enterprise, and Saudi Refining, Inc., a Delaware corporation, as owner/partner of Star Enterprise, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 22, 1995.


Attorney(s) appearing for the Case

Bayard J. Snyder of Snyder & Associates, P.A., Wilmington, for appellant.

Paul M. Lukoff of Prickett, Jones, Elliott & Schnee, Wilmington, for appellee.

Harvey B. Rubenstein (argued), Christopher J. Curtin and William W. Erhart, Delaware Trial Lawyers Ass'n, Wilmington, amici curiae.

Before VEASEY, C.J., WALSH, HOLLAND and BERGER, JJ., and DUFFY, J., Retired, constituting the Court en Banc.


VEASEY, Chief Justice.

In this appeal, we consider whether the application of collateral estoppel to decisions of the Industrial Accident Board ("IAB") forces an election of remedies prohibited under Delaware Workers' Compensation law. The Superior Court found that collateral estoppel applies to IAB decisions, thus barring plaintiff below-appellant Donald W. Messick ("Messick") from rearguing in a third-party civil suit...

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