The plaintiff brought a small claims action against the defendant for failing to maintain his premises in a safe condition and won a money judgment in the amount of $163.95.Five months later, the plaintiff brought a second lawsuit against the same defendant in district court alleging the same set of circumstances, but seeking more money.The defendant should make a motion to dismiss on what grounds?

Question

Quizplus · Accepted Answer

The doctrine of bar and merger (res judicata) prohibits relitigation of the same cause of action between the same parties when a final judgment on the matter has been entered. In this case, the plaintiff already brought a small claims action against the defendant for the same set of circumstances and won a judgment. Therefore, the defendant can argue that the second lawsuit should be barred based on the principle of res judicata.

The Plaintiff Brought a Small Claims Action Against the Defendant