Finnerty v. Cummings

GRAY, J., pro tem.

In a prior action respondent’s minor daughter, appearing by respondent as her guardian ad litem, recovered a judgment against appellant for injuries received in an automobile accident. Subsequently respondent brought this action to recover for her loss of her daughter’s earnings and for medical expenses incurred in treating her daughter's injuries. Appellant, in addition to other defenses, pleaded that the first judgment was res judicata of the second action. The court found adversely to appellant on this plea and rendered judgment against him. From this judgment appellant…