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Altvater v. Claycraft Co.3/12/1991
trial court's decision whether or not such a determination was made. Based upon our review of the trial court's decision of August 2, 1989, we conclude that the trial court's grant of summary judgment was made solely upon the basis of res judicata or collateral estoppel. Inasmuch as the trial court made no determination as to whether defendant's actions constituted an intentional tort, we decline to address-the issue herein.
Based upon the foregoing, plaintiff's first and second assignments of error are sustained.
Plaintiff's third assignment of error asserts that the trial court, in granting summary judgment on the basis of res judicata, denied plaintiff her right to a trial by jury. Given our disposition of the first and second assignments of error, finding that the trial court erred in granting summary judgment on the basis of res judicata or collateral estoppel and remanding this cause, plaintiff has failed to show prejudice under her third assignment of error. Accordingly, plaintiff's third assignment of error is overruled.
For the foregoing reasons, the first and second assignments of error are sustained, and the third assignment of error is overruled. The judgment of the trial court is reversed and the cause is remanded for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
JOHN C. YOUNG and WOLFF, JJ., concur.
WOLFF, J., of the Second Appellate District, sitting by assignment.
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