The plaintiffs brought a motion to preclude the tort defendants from raising the issue of the identity of the driver and owner of the defendant vehicle based on issue estoppel, following a summary judgment that dismissed the claim against the plaintiff's insurer, Unifund.
Alternatively, the plaintiffs sought to set aside the summary judgment.
The court dismissed the motion to set aside the summary judgment, finding no accidental slip or change in material facts.
The court also dismissed the issue estoppel argument, concluding that the tort defendants, who took no position on the summary judgment motion, were not parties to that proceeding for the purpose of issue estoppel.
