Civil Procedure II, Pages 49–51

Ison v. Thomas

Court of Appeals of Kentucky, 2007

Facts:

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.

Procedural History:

Trial court dismissed plaintiff's case on res judicata grounds.

Issue:

Does plaintiff's previous claim for damage to his car preclude his claim for personal injury?

Rule:

Reasoning:

  • 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.

Holding:

Plaintiff's subsequent claim is barred. Affirmed.


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