SMITH v. EXXON MOBIL OIL CORPORATION
Where plaintiff prevailed in wrongful death action after defendant's expert was unable to testify due to sudden family emergency, but plaintiff died during pendency of defendant's appeal, and plaintiff's widow and children subsequently sued defendant on basis of same facts, it was inequitable for trial court to preclude defendant from contesting issues that were resolved against it in prior action but might have been resolved in its favor if expert had been available.
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