SAMUEL M. TUZ, APPELLANT,
v.
EDWARD M. CHADBOURNE, INC., A FLORIDA CORPORATION, APPELLEE
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Tuz seeks reversal of summary judgment in his negligence action against Chadbourne, claiming Chadbourne's negligence caused his injuries from a collision. The court affirms the summary judgment, holding that Tuz is estopped by a prior judgment against Chadbourne in a wrongful death action arising from the same accident, where the court had already determined that Chadbourne was not negligent and that Tuz's gross negligence was the independent cause of the collision.
Tuz is estopped by the prior judgment in the Burmeister case from relitigating whether Chadbourne was negligent and a proximate cause of the accident. The issue of Chadbourne's negligence was fully and finally determined in the prior case when the court held that Chadbourne was not guilty of any negligence that was a legal or proximate cause of the collision.
[1] Estoppel by judgment precludes parties from relitigating issues that were actually adjudicated in a prior suit, even if the causes of action differ.
[2] Matters actually litigated and determined in an initial action are foreclosed from further litigation.
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Join FLexlaw to unlock all legal intelligence“Estoppel by judgment precludes the parties from litigating in a second suit issues which were actually adjudicated in a previous suit, even though the causes of action be different.”
This establishes the controlling legal standard for estoppel by judgment that the court applied to bar Tuz's relitigation of Chadbourne's negligence.
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Join FLexlaw to unlock all legal intelligenceIn March 1969, Tuz's automobile collided with a parked caterpillar road grader owned and maintained by Chadbourne, resulting in Tuz's injuries and the…
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JOHNSON, Judge.
Appellant seeks reversal of a final sum-' mary judgment entered in favor of appel- lee upon the ground of estoppel by judgment.
The present cause of action arose in March of 1969 when appellant’s automobile collided with a caterpillar road grader which was parked on the edge of a dead-end street and which was owned and maintained by appellee. As a result of the collision, appellant was injured and his guest passenger, Mr. Burmeister, was killed. In a prior suit, Mr. Burmeister’s widow brought an action against both appellant and appellee herein to recover damages for the wrongful death of her husband. The jury returned a verdict against both defendants therein in the amount of $126,000.00 and judgment was entered pursuant thereto. Those defendants appealed to this Court. This Court affirmed the finding of gross negligence as to appellant Tuz, but reversed that part of the judgment finding appellant Chadbourne liable for damages. It was found that, as a matter of law, appellant Chadbourne was not guilty of negligence that was a proximate cause of the collision. Tuz v. Burmeister, 254 So. 2d 569 (Fla.App.1st, 1971). Specifically, in that case this Court held that there was no reason for Chadbourne to anticipate that anyone would drive in the manner which Tuz drove and that serious injury or death would have resulted even had the road grading equipment not been where it was. In conclusion, this Court stated:
“Here, the evidence amply demonstrates that the independent efficient cause of the death of appellee’s husband was the act of Tuz in operating his automobile in the manner as hereinabove set out. We therefore hold that the trial court erred in denying appellant Chadbourne’s motions for a directed verdict. As a matter of law, appellant Chadbourne could not have been expected to anticipate, by prudent human foresight, that the death of the decedent would probably have occurred as a result of parking the road-grading equipment on the edge of a dead-end street.” 254 So. 2d 569, 570.
The present suit was instituted by appellant Tuz against appellee Chadbourne and sought money damages for personal injuries received by Tuz as a result of the collision. It was alleged that Chadbourne was negligent in leaving the road grader unlighted and unattended and in failing to erect barricades and provide adequate warnings for dangerous conditions on the roadway. Appellee later moved for a summary judgment in its favor alleging estoppel by judgment as grounds therefor. The trial court entered its final summary judgment in favor of appellee herein finding that Tuz was estopped by the judgment enter in the Burmeister case, supra. This appeal by Tuz results.
Estoppel by judgment precludes the parties from litigating in a second suit issues which were actually adjudicated in a previous suit, even though the causes of action be different. Hohweiler v. Hohweiler, 167 So. 2d 73 (Fla.App.2nd, 1964). Stated another way, those matters actually litigated and determined in the initial action are foreclosed from further litigation. Gordon v. Gordon, 59 So. 2d 40 (Fla.1952).
With these principles in mind, it is obvious that the trial court did not err in granting appellee’s motion for summary judgment based upon the theory of estoppel by judgment. Here, the issue involved in the present suit instituted by Tuz is whether appellee Chadbourne was guilty of negligence that was a proximate cause of the accident which injured Tuz. This point or question was fully and finally determined in the prior Burmeister suit. It was strenuously contended in that prior suit that Tuz was not guilty of gross negligence and that the cause of the collision was the negligence of Chadbourne. The ultimate outcome of that prior case was, as noted above, that Tuz was guilty of gross negligence that was an independent, legal cause of the collision while Chadbourne was not guilty of any negligence that was a legal or proximate cause of the collision. The issue of the negligence of appellee Chadbourne having been litigated and determined in the prior case, it cannot now be litigated again. Appellant Tuz is es-topped by the judgment in the prior case and the summary judgment entered in favor of appellee is affirmed.
RAWLS, C. J., and SMITH, LARRY G., Associate Judge, concur.
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Seaboard Coast Line R.R. Co. v. COX, 338 So. 2d 190 (Fla. 1976)…situations where the actions were derivative. See Shearn v. Orlando Funeral Home, supra; Rehe v. Airport U-Drive, Inc., 63 So. 2d 66 (Fla. 1953); Epps v. Railway Express Agency, 40 So. 2d 131 (Fla. 1949). See also Tuz v. Edward M. Chadbourne, Inc., 290 So. 2d 547 (Fla.App. 1st 1974). We agree with the opinion of Judge Grimes in the instant case and in particular his interpretation of the applicability of Shearn and the fact that Youngblood v. Taylor, 89 So. 2d 503 (Fla. 1956), did not modify our Shearn decis…
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TUZ v. Edward M. Chadbourne, Inc., 310 So. 2d 8 (Fla. 1975)…or of re [*10] spondent Chadbourne finding that Tuz was estopped by the judgment entered in the Tuz v. Burmeister case. Tuz appealed the judgment to the First District which in turn affirmed the trial court ruling. Tuz v. Edward M. Chadbourne, Inc., 290 So. 2d 547 (Fla.App. 1st 1974). Petitioner Tuz sought a writ of certiorari in this Court alleging that the instant case was in direct conflict with the decision of this Court in the case of Youngblood v. Taylor, 89 So. 2d 503 (Fla.1956). This Court granted ten…
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Seaboard Coast Line R.R. Co. v. COX, 308 So. 2d 154 (Fla. 2d DCA 1975)…dgment is the identity of parties rather than the fact that more than one person was killed.1 The lower court correctly held the doctrine of estoppel by judgment to be applicable. See also Tuz v. Edward M. [*157] Chadbourne, Inc., Fla.App.1st, 1974, 290 So. 2d 547. There is a second point on appeal which must be considered. In the first suit, even though the issue of contributory negligence was not presented to the jury, the court submitted a special verdict in which the jury was asked to determine the degre…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sebastian v. THE City of Miami (Fla. 3d DCA 2020)
- Hohweiler v. Hohweiler, 167 So. 2d 73 (Fla. 2d DCA 1964)
- TUZ v. Alvira M. Burmeister, 254 So. 2d 569 (Fla. 1st DCA 1971)