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P1247 The absence of testimony by an expert who was prepared to testify for defendant in a prior proceeding but was unable to do so because of circumstances beyond the defendant's control (i.e., a death in the expert's family) prevented the defendant from having a full and fair opportunity to present a defense, so collateral estoppel (i.e., issue preclusion) should not be applied to prevent relitigation of issues decided in the prior proceeding.CitationSMITH v EXXON (Expert's Inability) 153 CA4 1407 [See: Vandenberg v Superior Court 21 C4 815, T/AT 10/99; Roos v Red 130 CA4 870, P/AT 9/05; Kremer v Chemical 456 US 461]
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