McAfee v. O'Hare

Supreme Court of Rhode Island

McAfee v. O'Hare

604 A.2d 781, 1992 R.I. LEXIS 250, 1992 WL 57859

CourtSupreme Court of Rhode Island

DecidedMarch 26, 1992

DocketNo. 91-407-Appeal

StatusPublished

This text of 604 A.2d 781 (McAfee v. O'Hare) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McAfee v. O'Hare, 604 A.2d 781, 1992 R.I. LEXIS 250, 1992 WL 57859 (R.I. 1992).

Pincite

Opinion

ORDER

This matter came before a hearing panel of this court pursuant to an order that directed both parties to appear and show cause why the issues raised should not be summarily resolved.

The plaintiffs, Thomas J. McAfee and his father, Paul V. McAfee, appealed from the entry of summary judgment in favor of defendant, John J. O’Hare (O’Hare), for damages sustained in a collision involving Thomas J. McAfee and O’Hare.

After hearing oral argument by counsel and examining the memoranda filed by the parties, we are of the opinion that O’Hare’s original action, which resulted in a default judgment entered against Thomas J. McAf-ee, constitutes res judicata which bars McAfee from litigating in the present proceeding, following Zalobowski v. New England Teamsters and Trucking Industry Pension Fund, 122 R.I. 609, 410 A.2d 436, 437-38 (1980). Accordingly we believe the trial justice was correct in granting summary judgment in favor of O’Hare.

Consequently the plaintiffs’ appeal is denied and dismissed. The summary judgment entered in favor of the defendant is affirmed.

Entered as an Order of this Court this 26th day of March 1992.

FAY, C.J., and MURRAY, J., did not participate.

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ORDER

This matter came before a hearing panel of this court pursuant to an order that directed both parties to appear and show cause why the issues raised should not be summarily resolved.

The plaintiffs, Thomas J. McAfee and his father, Paul V. McAfee, appealed from the entry of summary judgment in favor of defendant, John J. O’Hare (O’Hare), for damages sustained in a collision involving Thomas J. McAfee and O’Hare.

After hearing oral argument by counsel and examining the memoranda filed by the parties, we are of the opinion that O’Hare’s original action, which resulted in a default judgment entered against Thomas J. McAf-ee, constitutes res judicata which bars McAfee from litigating in the present proceeding, following Zalobowski v. New England Teamsters and Trucking Industry Pension Fund, 122 R.I. 609, 410 A.2d 436, 437-38 (1980). Accordingly we believe the trial justice was correct in granting summary judgment in favor of O’Hare.

Consequently the plaintiffs’ appeal is denied and dismissed. The summary judgment entered in favor of the defendant is affirmed.

Entered as an Order of this Court this 26th day of March 1992.

FAY, C.J., and MURRAY, J., did not participate.

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Bluebook (online)

604 A.2d 781, 1992 R.I. LEXIS 250, 1992 WL 57859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcafee-v-ohare-ri-1992.