Baptist Health v. Murphy

JULIE DeWOODY GREATHOUSE, Special Justice,

concurring.

I would reach the same result as the majority on the issue of res judicata but for a different reason.

Rather than address the merits of Baptist’s argument that res judicata bars Ap-pellees’ and Intervenor’s claims, the majority holds that Baptist has waived the right to defend on this ground by tacitly agreeing to a split of claims made by Appellees and Intervenors. To support this conclusion, the majority cites to several cases from other jurisdictions. However, these opinions involved situations in which a plaintiff sought to split a…