(DOWNLOAD) "Burlington No. R. Co. v. Dunkelberger" by Supreme Court of the United States ~ Book PDF Kindle ePub Free
eBook details
- Title: Burlington No. R. Co. v. Dunkelberger
- Author : Supreme Court of the United States
- Release Date : January 24, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The only question in this case is whether Burlington Northern Railroad Company (Burlington) is foreclosed from relief in its action against David Dunkelberger (Dunkelberger) by decisions of the courts of the State of Montana. After executing a release relating to two separate personal injury claims against Burlington, Dunkelberger brought an action for damages against Burlington for the claim that was not timebarred. He asserted the release was fraudulently obtained, and a jury in the Montana court agreed with him. Burlington then sought a set-off against the judgment entered in favor of Dunkelberger for the amount paid in the settlement. The Montana trial court ruled there could be no set-off because Burlington was unable to apportion the amount paid between the injury for which the judgment was obtained and the injury that was time-barred. Judgment was entered against Burlington for the full amount of the jury verdict, and this became a final judgment in Montana when Burlingtons appeal was dismissed. We hold Burlingtons action in Wyoming to recover the amount paid in settlement is foreclosed by the doctrine of res judicata when full faith and credit is extended to the Montana judgment. The "Order Granting Defendants Motion to Dismiss (Filed February 16, 1995)" entered in the district court on July 3, 1995 is affirmed.