Sam, a skateboarder from State A, collided with Christian, a…
Questions
Sаm, а skаtebоarder frоm State A, cоllided with Christian, a cyclist from State B, in a State A park. Both were injured. Sam commenced a negligence action against Christian in a State A court. Christian raised the defense of contributory negligence, which was a complete defense under State A law. Christian did not assert a counterclaim against Sam, as counterclaims were not compulsory under State A’s civil procedure laws.After a trial, the jury returned a special verdict, finding that both Sam and Christian were negligent. Based on those findings, the judge entered judgment dismissing Sam’s claim. Sam did not appeal the verdict, and the time to do so expired.Thereafter, Christian commenced a negligence action against Sam in the federal court for State A, seeking damages for his injuries in the accident in excess of $75,000. Sam timely raised the defense of contributory negligence. State A follows the same preclusion principles that federal courts follow in federal question cases.What effect should be given to the findings of negligence and contributory negligence in the first action?
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