Moore v. Pate

LEWIS, Judge.

The sole issue presented by this appeal is whether the trial court erred in granting defendant’s motion to dismiss. We find no error and affirm the trial court. The record reveals that Clarence Earl Moore (“plaintiff”) sued Ronald Kinnon Pate (“defendant”) in case number 89-CVS-2249 for negligence arising from an automobile collision. There is no dispute that the underlying cause of action *835in 89-CVS-2249 and the present action is the same. The conflict arises as to whether or not plaintiffs present action is barred as a matter of law.

During the trial of 89-CVS-2249, plaintiff…