court stated, in dictum, that collateral estoppel principles apply to worker’s compensation judgment
How later courts described this case
- court stated, in dictum, that collateral estoppel principles apply to worker’s compensation judgment
- appellant counsel’s failure to take specific exception to jury charge while stating “Judge, I don’t have objection.... ” waived issue for review
Written by the judges who cited it.
Distinguished
Distinguished by Camara v. Mack Truck Inc., 5 Pa. D. & C.4th 371 (1989)
Defendants in their motion rely primarily on Shaffer, supra, but this case is distinguishable, aside from the fact that the entire discussion on the applicability of collateral estoppel was rendered dictum by the court’s finding that the appellant had waived the issue.
The opinion
MONTEMURO, Judge,
concurring:
The majority addresses at length the merits of the collateral estoppel even though Pullman Trailmobile waived the defense by failing to raise it in new matter. I am convinced that we should defer decision on Pullman’s third issue until such time as the matter is properly before us. Because the discussion of the collateral estoppel defense is dicta, I do not join that portion of the majority’s opinion. I nevertheless join in the remainder of the majority’s well-reasoned analysis.