Clark v. Neese

Helen Schroeder was a passenger in an automobile driven by her husband Harry, when a log truck collided with the rear of the automobile. Harry was killed, and Helen was severely injured. A consequence of the accident was that Helen suffered diminished mental capacity. In a federal lawsuit, Helen claimed the truck driver was at fault and denied that Harry was negligent. After the federal judge denied the defendant’s motion for summary judgment, Helen settled the federal suit. Helen then sued Harry’s estate in state court, claiming Harry was partially at fault. The circuit court granted summary judgment to the estate on judicial estoppel grounds. But, because the federal judge stated his denial of summary judgment was based on his finding of genuine issues of material fact as to the truck driver’s negligence, not “Harry Schroeder’s potential contributory negligence,” the Supreme Court reversed. View "Clark v. Neese" on Justia Law