Sica v. City of Philadelphia

Opinion by

Judge Craig,

Theresa Sica and J.J. White, Inc. (Sica) appeal from a decision of the Court of Common Pleas of Philadelphia County, which dismissed their taxpayer’s suit on res judicata grounds. We face a question of first impression, whether judgment in a taxpayer’s representative suit concerning the award of a public contract is binding in a later action initiated by a different taxpayer seeking to raise the same issue as to the same contract.

The trial court dismissed Sica’s suit because an earlier taxpayer’s suit, Orr v. City of Philadelphia, (No. 2047, April Term 1982, Common Pleas…