Wagner v. McDonald

Is an order dismissing an action with prejudice for plaintiff’s failure to appear at the time of trial res judicata and thus a bar to a subsequent suit based upon the same claim? The trial court ruled that such a prior order was res judicata, denied plaintiff’s motion to vacate or modify the order, and dismissed plaintiff’s personal injury action. Plaintiff William Wagner, as guardian ad litem for his minor child, appeals.

The operative facts for purposes of this appeal are as follows: William Wagner commenced an action to recover damages for injuries suffered by his minor child who was struck…