When You Sue & Lose You Can’t Sue the Same Defendants Again

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In DAB Three, LLC, et al. v. Sandra Fitzpatrick, Allen Fischer et al. v. Lawyers Title Corporation et al., No. AC 44393, Court of Appeals of Connecticut (October 18, 2022) the plaintiff attempted to avoid the effect of the doctrine of res judicata.

FACTS

After a suit to recover damages for fraudulent concealment the trial court granted the defendant’s motion for summary judgment in the first action and the defendant's motion for summary judgment in the second action and rendered judgments from which the plaintiff Alan Fischer appealed.

OPINION

Alan Fischer appealed and claimed that the court incorrectly determined that both of his complaints were barred by the doctrine of res judicata.

The defendants moved for summary judgment in the 2019 actions on at least eight different grounds, including res judicata. The court granted both motions for summary judgment and overruled the plaintiffs objections.

DISCUSSION

The doctrine of res judicata provides that a valid, final judgment rendered on the merits by a court of competent jurisdiction is an absolute bar to a subsequent action.

The 2006 action and the 2019 actions sought the same redress. The 2006 action and the 2019 actions arise from the same common nucleus of facts, particularly the actions and inactions taken by the defendants in connection with the alleged procurement of the policy.

This case exemplified the need to promote judicial economy, minimizing repetitive litigation, preventing inconsistent judgments and providing repose to parties.

ZALMA OPINION

The plaintiff was a sore loser and found he was responsible for a judgment greater than $2 million that he believed should have been covered by insurance. He sued and failed in 2006. The law allows anyone aggrieved to sue for damages. However, when the aggrieved party litigates to judgment and loses he cannot sue again.

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Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

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