The trial court agreed and granted the motion on 2 April 1998. From the order of partial summary judgment, plaintiff appeals. Summary judgment is appropriate when the pleadings, depositions, affidavits, and other evidentiary materials demonstrate the absence of any triable issue of fact and the moving party's right to judgment as a matter of law. 72 N.C. App. N.C. Gen. Stat.
Collateral estoppel can serve as the basis for summary judgment.
Where the doctrine is successfully asserted, the prior judgment operates as an absolute bar to further litigation of the issue previously decided. The party opposing issue preclusion has the burden 'to show that there was no full and fair opportunity' to litigate the issues in the first case. On appeal, plaintiff argues that the trial court committed reversible error by awarding summary judgment to defendant on the issue of compensatory damages. Plaintiff contends that the doctrine of collateral estoppel has no bearing on the instant case because the arbitration hearing did not result in a final judgment. Plaintiff takes the position that for purposes of issue preclusion, an arbitration award may not be treated as a judgment but, rather, the award must be confirmed by an order of the trial court beforecollateral estoppel will apply.