RIOS V. DAVIS, 373 S.W.2d, 386 (1963). CASE BRIEF

RIOS V. DAVIS
373 S.W.2d, 386 (1963)
NATURE OF THE CASE: This was an action to recover damages for personal injuries from an auto accident. Rios (P) sought review of the judgment, which sustained Davis' (D) plea of res judicata and collateral estoppel in an action involving an automobile accident.
FACTS: Popular Dry Goods Company sued Davis (D) for a traffic accident. D alleged contributory negligence on Popular's part, and joined Rios (P) as a defendant. The jury found Popular, P, and D guilty of negligence. The judgment entered by the court denied Popular any recovery against D, and denied D any recovery against P. P sued D for negligence from the same accident. D claimed that P was guilty of contributory negligence, and that the jury's findings in the first action were res judicata. Judgment was entered for D. P appealed.

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LEGAL ANALYSIS:





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