# Hofsommer v. Hofsommer Excavating, Inc.

> North Dakota Supreme Court · June 25, 1992 · 488 N.W.2d 380

URL: https://www.frixlaw.com/law-library/cases/9659080

## Case

- **Full name:** Susan L. HOFSOMMER, Plaintiff and Appellee, v. HOFSOMMER EXCAVATING, INC., Defendant and Appellant
- **Court:** North Dakota Supreme Court
- **Decided:** June 25, 1992
- **Citations:** 488 N.W.2d 380; 1992 N.D. LEXIS 146; 1992 WL 140962
- **Precedential status:** Published
- **Opinion:** Concurrence by Levine
- **Judges:** Erickstad, Levine, Johnson, Meschke, Vande Walle
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9659080

## How later opinions describe it (automated extraction)

- concluding that privity existed between a closely held corporation and its president for purposes of res judicata and collateral estoppel where the president was the sole shareholder
- stating res judicata precludes relitigation of claims or issues that were raised or could have been raised in prior action between same parties or their privies and which was resolved by a final judgment in a court of competent jurisdiction

## Opinion text

LEVINE, Justice,
concurring.
I agree that there is privity between HEI and Kent and that res judicata bars Susan’s claim for back wages against HEI. Because that holding is dispositive, I concur in the result and that portion of the opinion that analyzes res judicata.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9659080. Public record. Not legal advice.