CRUICKSHANK v. MAPFRE U.S.A.

No. 18-P-368.

94 Mass. App. Ct. 662 (2019)

GARY W. CRUICKSHANK, trustee, v. MAPFRE U.S.A.

Appeals Court of Massachusetts, Suffolk.

January 8, 2019.


Attorney(s) appearing for the Case

Joseph M. Burke for the plaintiff.

Amanda J. Cox for the defendant.

Present: GREEN, C.J., MEADE, & SACKS, JJ.


This appeal considers the question of when the determination of a factual issue in prior litigation may have preclusive effect against a different party in subsequent litigation. Specifically, we first consider whether, under the theory of "virtual representation," the trustee for a bankrupt tortfeasor stands in privity with the victim...

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