Summary Judgment – David Goff et al v. Jeoung F. Kim et al

Patricia Noyes-Corrigan secured Summary Judgment on behalf of the Defendant in a negligence action based upon the principles of res judicata and collateral estoppel. Plaintiff in that case had alleged the Defendant had negligently struck and injured him causing serious traumatic brain injury. In a separate Declaratory Judgment action in the Plymouth Superior Court, brought by the Defendant’s insurer, however, the Court in that case specifically found following a trial that Defendant’s conduct was intentional. The Massachusetts Appeals Court affirmed the Superior Court’s findings in the Declaratory Judgment action. In the separate negligence action, Judge Mark Gildea of the Superior Court then found on Defendant’s Motion for Summary Judgment that he was entitled to the preclusive effect of this decision as a matter of law under the doctrine of collateral estoppel; that is, Plaintiff was collaterally estopped from re-litigating the facts in the personal injury action as to the Defendant’s negligence. In that a finding of intentional conduct precludes a finding that the same conduct can also be found to be negligent under Waters v. Blackshear, 412 Mass. 589, 590 (1992) and Sabatinelli v. Butler, 313 Mass. 565, 567 (1973), the Defendant could not be found to be negligent in this case as a matter of law. Judgment entered in Defendant’s favor. David Goff et al v. Jeoung F. Kim et al, Plymouth Superior Court Civil Action No. 1283CV00666 (The Honorable Mark C. Gildea) (7/31/2017) See Memorandum and Order allowing Defendant, Jeoung F. Kim’s, Motion for Summary Judgment.