Gilles v. Ware

I join in Parts II and III of Judge Ferren’s opinion, but I concur with Judge Reilly in affirming the order of the trial court granting summary judgment for ap-pellee on different grounds. In my view, the trial court properly granted summary judgment for appellee based upon the res judicata effect of the judgment in the pri- or suit in which appellant sued on an identical claim and failed to join the additional theory of recovery advanced in this case to redress the same alleged wrong.1 A review of the record fails to disclose a genu*548ine issue of material fact in dispute regarding either the…