State Farm Fire & Casualty Co. v. Century Home Components - 275 Or. 97, 550 P.2d 1185 (1976)

State Farm Fire & Casualty Co. v. Century Home Components

275 Or. 97, 550 P.2d 1185 (1976)

I. Issue

Whether D may be collaterally estopped from contesting liability in each of the 48 actions, where the actions were consolidated for a single hearing in the court below on the issue of collateral estoppel.

II. Fact

D constructed prefabricated housing in a large shed.  The fire spear via the loading dock and caused substantial damage to D's shed, the warehouse, in which P's property was stored.

III. Procedure

Some judgment were made for D and affirmed, and some for P.

IV. Reasoning

Where there are extant determinations that are inconsistent on the matter in issue, it is a strong indication that the application of collateral estoppel would work an injustice.  We do not give much weight to variations to the wording of the pleadings, where essentially the same acts and omissions are alleged.

V. Holding

The prior determinations are basically inconsistent and that the circumstances are such that it would be unfair to preclude defendants from relitigating the issue of liability.