Barton v. Barton

In this interlocutory appeal from a ruling of the superior court, the following question is presented: Is a default judgment in favor of defendant, obtained by virtue of plaintiff’s negligent failure to comply with the superior court discovery rules, res judicata so as to bar a second suit alleging the identical cause of action? The trial court answered the question in the negative and denied the defendant’s motion to dismiss. We reverse.

In November 1981, the plaintiff brought a contract action against the defendant. In July 1982, the defendant propounded interrogatories, which went…