West Virginia Supreme Court

Lindy Barnett v. Robert Wolfolk

February 23, 1965149 W. Va. 246

Summary

The court reversed the judgment sustaining the defendants' plea of res judicata in an insurance subrogation action arising from a traffic accident. Res judicata did not apply because the insured, whose assigned property-damage claim formed the basis of the action, was not a party or privy to the prior consolidated actions and had merely testified as a witness. The court also rejected equitable estoppel as an alternative ground because the record did not establish a representation, reasonable reliance, or resulting prejudice sufficient to bar the claim.