Halliburton Company v. Scroggins

As Amended on Denial of Rehearing April 9, 1974. ¶1 There is presented here by defendants in the trial court, Halliburton Company and R.B. Hamill, a petition for certiorari for the review of a certified interlocutory order. The action in the trial court (the District Court of Creek County) was for damages for wrongful death, and the order certified for review was an order overruling each defendant's demurrer to the petition, motion to dismiss and motion for summary judgment. Plaintiff in the trial court was Kay Frances Scroggins, Executrix of the Estate of Jerry Wayne Scroggins, deceased. We are asked to apply what is called the doctrine of preclusion against inconsistent positions in judicial proceedings.