Civil Procedure II, Pages 49–51
Ison v. Thomas
Court of Appeals of Kentucky, 2007
Defendant injured plaintiff in a car crash, and plaintiff sued for vehicle damages. A jury awarded him $5,000. He then brought the current suit for personal injury.
Trial court dismissed plaintiff's case on res judicata grounds.
Does plaintiff's previous claim for damage to his car preclude his claim for personal injury?
See:R2J § 24
Plaintiff's previous claim arose from the same transaction and is thus barred.
While defendant's answer did not satisfy the notice required, this requirement is not to be applied mechanically. Defendant raised the defense before either party spent much on discovery.
Plaintiff's subsequent claim is barred. Affirmed.