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Nguyen v. Good Chevrolet4/4/2005
Bardy Nguyen appeals from a decision dismissing her claims against Good Chevrolet on collateral estoppel grounds. We affirm.
In July, 1999, Nguyen had her 1978 Chevrolet Camaro delivered to Good Chevrolet on a flatbed truck. Nguyen wanted Good Chevrolet to install a new engine. The car had not been maintained for some time and Good Chevrolet suggested additional work that it thought needed to be done. Nguyen eventually approved repairs costing approximately $6,100. Among other things, Good Chevrolet performed work on the vehicle's brakes. Good Chevrolet later performed additional work at no additional cost.
On September 19, 2000, Nguyen filed a complaint against Good Chevrolet alleging that it over billed her and supplied defective parts and labor.
On October 24, 2000, Nguyen's son was involved in an accident while driving the car.
Some time in 2001, Nguyen filed a second suit, alleging that Good Chevrolet's negligent repair work on the car's brake system caused the accident. This matter was dismissed on September 14, 2001, without prejudice. The record does not show why this suit was dismissed.
Nguyen's first suit went to trial on February 14, 2002. During the trial, she offered testimony and evidence in support of her claim that Good Chevrolet negligently repaired the brake system, and that a subsequent brake failure caused the October 24 accident. Among the damages she claimed were the costs to repair the car after the accident. The court found that Nguyen had not carried her burden of establishing negligent or defective repairs and entered judgment for Good Chevrolet. Nguyen appealed. This Court modified some of the findings but affirmed on March 31, 2003.
On October 2, 2002, while her first appeal was pending, Nguyen filed a third action against Good Chevrolet. In this action, she claimed injuries stemming from the October 24, 2000 accident, although she was not in the car at the time. She alleged that the accident was caused by Good Chevrolet's negligent brake repair and that she suffered injuries from the stress of dealing with the repair claims and the aftermath of the accident. The trial court dismissed this action as barred by collateral estoppel and Nguyen has appealed.
Nguyen is proceeding pro se and her brief does not comply with the appellate rules. However, it incorporates portions of the response opposing the motion for summary judgment in the trial court, which was prepared by counsel. We do not condone the practice, but in the interest of addressing the merits of the case, as opposed to dismissing Nguyen's appeal for procedural infirmities, we have considered counsel's trial brief as if it were the brief on appeal.
We review the decision to apply collateral estoppel de novo. The doctrine bars relitigation of an issue that was actually litigated and necessarily and finally decided in a prior proceeding. It prevents a second litigation of issues between the parties, even if the claim or cause of action in the later suit is different. The party seeking to apply the doctrine must show that:
(1) the issue decided in the earlier proceeding was identical to the issue presented in the later proceeding; (2) the earlier proceeding ended in a judgment on the merits; (3) the party against whom collateral estoppel is asserted was a party to, or in privity with a party to, the earlier proceeding; and (4) application of collateral estoppel does not work an injustice on the party against whom it is applied.
In this case, the earlier proceeding ended in a judgment on the merits in favor of Good Chevrolet and Nguyen was a party. Factors 2 and 3 are therefore satisfied.
Page 1 2 Washington Personal Injury Attorneys
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