The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Harry brings a negligence action against Steven, owner of a car, for injuries in an accident. At the time of the accident, the car was driven by Carl. Harry bases his claim against Steven on a statute making an owner liable for injuries negligently caused by a driver while driving the owner’s car with permission. Steven defends on the ground that Carl was not using the car with his permission at the time of the accident. Harry recovers damages from Steven. Steven now sues Carl, to recover indemnification for the damages he had to pay because of Carl’s negligence. In Steven’s action against Carl

A. Neither res judicata nor collateral estoppel will bar Steven from pursing his indemnification claim against Carl.
B. The court will not dismiss, but will bar Carl from relitigating the issue of his negligence, since Harry could not have prevailed against Steven without establishing Carl’s negligence.
C. The court will dismiss the claim, since Steven had the opportunity to litigate this claim against Carl in the first action by impleading him under Rule 14.
D. The court will dismiss on res judicata grounds, since Steven already litigated this transaction or occurrence against Harry.

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