 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Young v. Barrow9/16/2003
Tenn.1976); Jordan v. Johns, 168 Tenn. 525, 536-37, 79 S.W.2d 798, 802 (1935). It bars a second suit between the same parties or their privies on the same cause of action with respect to all the issues which were or could have been litigated in the former suit. Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn.1995); Brown v. Brown, 29 S.W.3d 491, 495 (Tenn. Ct. App. 2000); Collins v. Greene County Bank, 916 S.W.2d 941, 945 (Tenn. Ct. App.1995). In order for the doctrine of res judicata to apply, the prior judgment must conclude the rights of the parties on the merits. Goeke v. Woods, 777 S.W.2d 347, 349 (Tenn. 1989); Lewis v. Muchmore, 26 S.W.3d 632, 637 (Tenn. Ct. App. 2000).
Parties asserting a res judicata defense must demonstrate (1) that a court of competent jurisdiction rendered the prior judgment, (2) that the prior judgment was final and on the merits, (3) that both proceedings involved the same parties or their privies, and (4) that both proceedings involved the same cause of action. Lee v. Hall, 790 S.W.2d 293, 294 (Tenn. Ct. App. 1990). A prior judgment or decree does not prohibit the later consideration of rights that had not accrued at the time of the earlier proceeding or the reexamination of the same question between the same parties when the facts have changed or new facts have occurred that have altered the legal rights and relations of the parties. White v. White, 876 S.W.2d 837, 839-40 (Tenn.1994); State ex rel. Cihlar v. Crawford, 39 S.W.3d 172, 178 (Tenn. Ct. App. 2000).
To be entitled to a summary judgment, Ms. Barrow must demonstrate that the undisputed facts support finding (1) that Mr. Young was a party to the earlier proceeding, (2) that the two proceedings involve the same cause of action, and (3) that the trial court in the earlier proceeding entered a final judgment on the merits against Mr. Young. Despite Mr. Young's confusion about what was occurring at the first trial, there is no question that the undisputed record demonstrates that Ms. Barrow made out her res judicata defense.
Mr. Young's principal argument is that the lawsuits do not involve the same parties because he was never a party to the first proceeding. He insists that he dismissed his first lawsuit at the trial court's suggestion and that he was simply helping Ms. Buford. The record belies this claim. The record demonstrates that Mr. Young was not merely a witness at the first trial.
When jury selection commenced, the trial court informed the prospective jurors that the "plaintiffs have chosen to represent themselves" and asked if any members of the panel knew either Mr. Young or Ms. Buford because "they are the plaintiffs in this case; they're the ones bringing the lawsuit." The court then offered both Mr. Young and Ms. Buford the opportunity to question the prospective jurors. Both Mr. Young and Ms. Buford declined.
After the jury had been seated, the trial court told Mr. Young and Ms. Buford to decide which of them would deliver the opening statement and to decide the order in which they would present their proof. The court explained that both of them could present witnesses on their own behalf but that Mr. Young could not examine Ms. Buford because he did not represent her. Mr. Young asked several questions about the evidence of damages that could be presented and then told the trial court that he did not have any witnesses to offer.
Mr. Young delivered the opening statement. He discussed the injuries that both he and Ms. Buford claimed they had sustained as well as the damage to his vehicle. However, he also explained that he had no role in the lawsuit:
I'm not involved in the lawsuit; I'm not suing. It's just
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|