Question

The driver-owner of an automobile that was involved in an accident with a truck sued the driver of the truck in federal court based on diversity jurisdiction for personal injuries and property damages suffered by the driver-owner as a result of the accident. A judgment was entered based on a jury verdict that the truck driver was not at fault for the accident. Subsequently, the passenger in the automobile at the time of the accident, who was unrelated to the driver-owner of the automobile, sued the truck driver in the same federal court based on diversity for personal injuries suffered by the passenger as a result of the accident.
Can the truck driver successfully preclude the re-litigation of his fault in the accident?

Answers:

A: No, because the judgment in the prior case was based on a jury verdict.
B: No, because the passenger was not a party to the prior lawsuit.
C: Yes, because defensive use of issue preclusion is permitted.
D: Yes, because the issue of the truck driver's fault for the accident was litigated in the prior lawsuit.

Answer 1

The answer would be D