Walker v. Kroger Co.

I agree with the majority that the trial court correctly granted summary judgment to Kroger on Counts 3 and 4 of appellant Walker’s complaint since the theories of recovery raised in those counts were or might have been put in issue in the cause of action actually raised in the federal court suit. However, because I do not believe the doctrine of res judicata bars appellant from asserting the allegations contained in Counts 1 and 2 of his complaint, I must dissent to the majority’s reversal of the judgment in Case No. 73286.

The complaint in the case before us contains four counts in which…