Andrasko v. Calkins

If a plaintiff is no caused on the issues of negligence or contributory negligence in a suit against the owner of an automobile, is this no-cause judgment available as a res judicata defense as to these same issues in a subsequent action brought by the same plaintiff against the operator of the automobile, if the operator was not a party in the first action? This is the question to be determined on this motion.

*817Plaintiff argues that the defense of res judicata is available only to those who were adversary parties in the prior action, or their privies. There is little question that this is the…