State v. Smith

OPINION

COMPTON, Justice.

This petition presents the question whether a prior judgment requiring the Division of Occupational Licensing to issue a registration certificate precludes a subsequent claim for money damages arising from the same conduct. The superior court denied the state’s motion for summary judgment, concluding that the doctrine of res judicata does not prevent the second claim. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1968, Robert W. Smith, D.D.S., pleaded nolo contendré to two misdemeanor counts of assault and battery resulting from the deaths of two of his patients.…