After Cooper's injury was determined to be not compensable for purposes of workers compensation, Barnes filed suit against UPS, alleging gross negligence. UPS contends that the claim is barred by res judicata and collateral estoppel, and the trial court granted summary judgment against Barnes on those grounds. UPS filed a motion for summary judgment arguing that collateral estoppel and res judicata preclude litigation of the gross negligence claim. On appeal, Barnes contends that the DWC s prior compensability determination has no impact on her ability to assert a separate claim against UPS for gross negligence. Specifically, UPS asserted that Barnes's gross negligence claim was collaterally estopped because the issue of whether UPS caused Mr. Cooper's death had previously been litigated before and determined by the DWC.

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