Lukacs v. Kluessner, No. 3--572A6

Docket NºNo. 3--572A6
Citation290 N.E.2d 125, 154 Ind.App. 452
Case DateDecember 13, 1972
CourtCourt of Appeals of Indiana

Page 125

290 N.E.2d 125
154 Ind.App. 452
Louis J. LUKACS, Plaintiff-Appellant,
v.
William J. KLUESSNER, Defendant-Appellee.
No. 3--572A6.
Court of Appeals of Indiana, Third District.
Dec. 13, 1972.

[154 Ind.App. 453]

Page 126

Peter J. Nemeth, Nemeth & Nemeth, South Bend, Thomas C. Sopko, Edward N. Kalamaros & Associates, P.C., South Bend, for appellant.

Robert J. Konopa, Crumpacker, May, Levy & Searer, South Bend, for appellee.

[154 Ind.App. 454] HOFFMAN, Chief Judge.

The sole issue presented by this appeal is whether the trial court erred in denying the motion of plaintiff for summary judgment.

Plaintiff-appellant, Louis J. Lukacs, filed his amended complaint for personal injuries against defendant-appellee, William J. Kluessner, which, in summary, alleged that plaintiff was injured as a result of the negligence of the defendant in the operation of defendant's automobile. Defendant-Kluessner filed his answer to the amended complaint denying, inter alia, the allegations of negligence contained therein. Plaintiff-Lukacs then filed a motion for summary judgment as to the issue of the negligence of the defendant. In support of, and attached to, such motion for summary judgment is the affidavit of the attorney for the plaintiff which, in pertinent part, reads as follows:

'3. On October 28, 1969, plaintiff's father obtained a verdict against the defendant in the St. Joseph Circuit Court, Cause No. D--801, upon the same facts concerning negligence which are at issue in this cause; that said action was for property damage, medical expenses and loss of services which plaintiff's father suffered as a result of defendant's negligence; that the allegations of negligence in said action arose out of the same set of facts as in this action, that the said acts of negligence involved the same parties in said action as in this action; and the allegations of negligence are the same in this action as in plaintiff's father's action.

'4. Indiana law holds that when any fact, question or issue has been decided by a final judgment of a court of competent jurisdiction to determine such fact, question or issue, all parties are forever bound by such determination in a subsequent suit or suits between the same parties or their privies, in the same or any other court, whether the causes of the action or subject matter are the same or different. Nichols v. Yater, 258 N.E.2d

Page 127

66 (1970); Citizens Loan & Trust Co., Exr. v. Sanders, 99 Ind.App. 77, 187 N.E. 396 (1934).

'5. That said issue of negligence was decided by a final judgment of the St. Joseph Circuit Court on October 28, 1969, Cause No. D--801, which is a court of competent jurisdiction[154 Ind.App. 455] to determine said issue of negligence and this plaintiff is privy to the plaintiff in the prior action.'

No further evidence was adduced in support of, or in opposition to, the motion for summary judgment, although both parties filed legal memoranda prior to the hearing on such motion. The motion for summary judgment was overruled by the trial court, and the overruling of such motion is the sole allegation of error preserved and argued by appellant-Lukacs in this appeal.

The law of res judicata in this jurisdiction was discussed in Mayhew, Huston v. Deister et al. (1969), 144...

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13 practice notes
  • deLeon v. Slear, No. 122
    • United States
    • Court of Appeals of Maryland
    • September 1, 1990
    ...28 L.Ed.2d 788 (1971); Bernhard v. Bank of America Nat. Trust & Sav. Ass'n., 19 Cal.2d 807, 122 P.2d 892 (1942); Lukacs v. Kluessner, 154 Ind.App. 452, 290 N.E.2d 125 (1972); Schwartz v. Public Administrator, 24 N.Y.2d 65, 298 N.Y.S.2d 955, 246 N.E.2d 725 (1969); Bahler v. Fletcher, 257 Or.......
  • Bender v. Peay, No. 1-481
    • United States
    • Indiana Court of Appeals of Indiana
    • April 5, 1982
    ...1195; State of Indiana, Indiana State Highway Commission v. Speidel, (1979) Ind.App., 392 N.E.2d 1172, and Lukacs v. Kluessner, (1972) 154 Ind.App. 452, 290 N.E.2d In United Farm Bureau, supra, the plaintiff, Wampler, sued for his personal injuries and property damages. The defendant, Steph......
  • State, Indiana State Highway Commission v. Speidel, No. 2-877A300
    • United States
    • Indiana Court of Appeals of Indiana
    • July 24, 1979
    ...Co. (1891), 131 Ind. 575, 31 N.E. 365; Maple v. Beach (1873), 43 Ind. 51; Dayton v. Fisher, supra. See also Lukacs v. Kluessner (1972), 154 Ind.App. 452, 290 N.E.2d 125; Amann v. Tankersley, supra ; Mayhew v. Deister, [181 Ind.App. 454] A. Identity of Parties. A plea of collateral estoppel ......
  • Blaising v. Mills, No. 3-1175A251
    • United States
    • Indiana Court of Appeals of Indiana
    • April 12, 1978
    ...the real estate at 1630 Short Street after Mills reconveyed that property to him. In Grissom v. Moran, supra, 154 Ind.App. at 430-431, 290 N.E.2d at 125, the court "Generally, a party bringing an action for fraud has an election between two remedies: he may affirm the contract, retain any b......
  • Request a trial to view additional results
13 cases
  • deLeon v. Slear, No. 122
    • United States
    • Court of Appeals of Maryland
    • September 1, 1990
    ...28 L.Ed.2d 788 (1971); Bernhard v. Bank of America Nat. Trust & Sav. Ass'n., 19 Cal.2d 807, 122 P.2d 892 (1942); Lukacs v. Kluessner, 154 Ind.App. 452, 290 N.E.2d 125 (1972); Schwartz v. Public Administrator, 24 N.Y.2d 65, 298 N.Y.S.2d 955, 246 N.E.2d 725 (1969); Bahler v. Fletcher, 257 Or.......
  • Bender v. Peay, No. 1-481
    • United States
    • Indiana Court of Appeals of Indiana
    • April 5, 1982
    ...1195; State of Indiana, Indiana State Highway Commission v. Speidel, (1979) Ind.App., 392 N.E.2d 1172, and Lukacs v. Kluessner, (1972) 154 Ind.App. 452, 290 N.E.2d In United Farm Bureau, supra, the plaintiff, Wampler, sued for his personal injuries and property damages. The defendant, Steph......
  • State, Indiana State Highway Commission v. Speidel, No. 2-877A300
    • United States
    • Indiana Court of Appeals of Indiana
    • July 24, 1979
    ...Co. (1891), 131 Ind. 575, 31 N.E. 365; Maple v. Beach (1873), 43 Ind. 51; Dayton v. Fisher, supra. See also Lukacs v. Kluessner (1972), 154 Ind.App. 452, 290 N.E.2d 125; Amann v. Tankersley, supra ; Mayhew v. Deister, [181 Ind.App. 454] A. Identity of Parties. A plea of collateral estoppel ......
  • Blaising v. Mills, No. 3-1175A251
    • United States
    • Indiana Court of Appeals of Indiana
    • April 12, 1978
    ...the real estate at 1630 Short Street after Mills reconveyed that property to him. In Grissom v. Moran, supra, 154 Ind.App. at 430-431, 290 N.E.2d at 125, the court "Generally, a party bringing an action for fraud has an election between two remedies: he may affirm the contract, retain any b......
  • Request a trial to view additional results

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