Bazata v. National Insurance Co. of Washington

NEWMAN, Chief Judge:

Appellant seeks reversal of the trial court’s ruling that her shareholder’s derivative suit was barred under the principles of res judicata. She contends that the trial court erred in holding that the prior dismissal of her action for failure to make a demand on the board of directors was an adjudication on the merits since that prior dismissal fell within the “lack of jurisdiction” exception of Super.Ct.Civ.R. 41(b). 1 We affirm.

In November 1976, appellant brought an action alleging negligence on the part of the corporation’s president and requesting an accounting. Judge…