Vezina

Plaintiff Vezina brought this action against defendant Continental Casualty Company to recover on an insurance policy for extensive personal injuries sustained when plaintiff’s car was struck by a car driven by one Shinn, an employee of Federal Envelope Company, defendant’s insured. The trial court granted judgment on the pleadings to defendant, on the ground that plaintiff was bound by a prior judgment against plaintiff and in favor of Envelope. Plaintiff appeals.

The prior judgment was in a personal injury action brought by Vezina against Shinn and Envelope in Orange County Superior Court No. 164768. That trial resulted in a jury verdict against Shinn but in favor of Envelope. The judgment in favor of Envelope was affirmed on appeal in a nonpublished opinion, 4 Civil 13227.

The pertinent facts were summarized by the Court of Appeal as follows:

In rejecting Vezina’s contention that the evidence established as a matter of law that Envelope was vicariously liable for Shinn’s negligence under the doctrine of respondeat superior, the court stated:

The theory of plaintiff’s first amended complaint in the instant matter is that Shinn was an additional insured under an…