Cassidy v. Board of Education

BLACKWELL, Judge.

This civil case arose out of injuries allegedly sustained by Kirstie Marie Cassidy (“Cassidy”) on the grounds of a county school. The issue here is whether she can sue the Board of Education of Prince George’s County (“Board”) even though her prior suit was dismissed for failure to allege notice to the Board. We thus consider whether a final judgment, based on a plaintiff’s failure to plead that a notice precondition had been satisfied, bars as a matter of res judicata a second suit alleging that this precondition has been satisfied. We shall hold that the claim is not barred.