152317P.pdf   05/19/2016  A. H.  v.  Midwest Bus Sales, Inc
   U.S. Court of Appeals Case No:  15-2317
                          and No:  15-2318
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Chief Judge Riley, Author, with Loken and Benton, Circuit 
   Judges] 
   Civil Case - diversity. Following a state court trial on strict liability 
   and negligence claims which resulted in verdict in favor of defendants, 
   parallel diversity action in federal court against the retail seller of 
   the bus (who was not named in the amended complaint in the state court 
   action) for negligence was dismissed on grounds of res judicata because 
   Midwest Bus was in privity with the state court defendants. In this 
   appeal, collateral estoppel, not res judicata, precludes the relitigation 
   in federal court on the improper installation issue, as the state court 
   jury unambiguously decided the injuries were not caused by improper 
   installation of automatic slack adjusters on the bus, and the failure to 
   warn claim could not be relitigated because the jury had to have concluded 
   that the automatic slack adjusters were not the cause or contributing 
   clause of the crash.