A plaintiff sues for property damage from a car accident and loses on the merits. She then sues the same defendant for personal injuries from the same accident. What bars the second suit?
QUESTION
Under the Restatement (Second), what preclusive effect does a judgment resting on two alternative independent findings have?
QUESTION
What are the elements of issue preclusion?
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ANSWER
The same issue was actually litigated, determined, and essential to a valid final judgment. The party against whom it is asserted must also have had a full and fair opportunity to litigate the issue.