Oltz v. Toyota Motor Sales, U.S.A., Inc.

MR. JUSTICE BASWELL,

(specially concurring) :

I concur in the result. However, in my view, the rule of collateral estoppel rather than res judicata is involved here. See: Gessell v. Jones, 149 Mont. 418, 427 P.2d 295, for the distinction.