Goss v. Wilkins

Plaintiffs commenced this action in circuit court to recover $93,750 in damages for a building which they alleged defendant destroyed by negligently driving a truck into it. Plaintiffs previously had commenced a separate action in district court to recover damages for items of personal property inside the building and destroyed in the same accident. The parties settled the district court action, which was dismissed with prejudice. Defendant moved for summary judgment in the circuit court action, arguing that the claim for damage to the real property is barred by res judicata because it arises…