Hammac v. Windham

WIGGINTON, Chief Judge.

Plaintiff has appealed from a final summary judgment in favor of defendant. The only point on appeal involves the law of res judicata.

The complaint filed in this case seeks damages for personal injuries arising out of a motor vehicle collision. Plaintiff was riding as a passenger in one of the automobiles involved in the collision and operated by defendant Dorothy Labrie. The cause of action against Labrie is brought under the guest statute.1 To the complaint defendant Labrie filed an answer, the fifth defense of which pleads res judicata on the basis of a similar…