Opinion

Kessinger v. Grefco, Inc.

  • 173 Ill. 2d 447
  • 220 Ill. Dec. 137
  • 672 N.E.2d 1149
  • 1996 Ill. LEXIS 109
Court
Illinois Supreme Court
Filed
Oct 18, 1996
Status
Published
Author
Harrison
On the bench
McMorrow, Harrison
Cited by
48 cases

application of estoppel “must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment”

How later courts described this case

  • application of estoppel “must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment”
  • for collateral estoppel to apply, a finding of fact must be both material and controlling in the prior case and material and controlling in the pending case
  • “ ‘[I]t is absolutely necessary that there shall have been a finding of a specific fact in the former judgment or record that is material and controlling in that case and also material and controlling in the pending case. It must also conclusively appear that the matter of fact was so in issue that it was necessarily determined by the court rendering the judgment ***.’ ” (quoting Lange v. Coca-Cola Bottling Co. of Chicago, Inc., 44 Ill. 2d 73, 75 (1969))
  • noting the elimination of the mutuality requirement; offensive estoppel available as long as threshold elements are met

Written by the judges who cited it.

The opinion

JUSTICE HARRISON, specially concurring:

I agree with the result reached by the majority for the reasons stated in part I of its analysis. Because the jury determined that the plaintiffs did not suffer from silicosis, the appellate court should not have reversed and remanded for a new trial based on the circuit court’s ruling on collateral estoppel. The collateral estoppel question had no effect on the outcome of the case and therefore should not have been addressed by either the appellate court or this court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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