Stolfus v. Musselman & Hall Construction, Inc.

SMART, Judge.

This appeal involves the issue of whether a plaintiff, after losing a trial in the associate circuit court and filing an application for trial de novo, may dismiss the cause of action in the circuit court and file another petition alleging the same cause of action in the associate circuit court. The trial court in this case held that the second action is barred by the doctrine of res judicata. This court reverses, holding that the doctrine of res judicata does not constitute a bar to the second action.

Plaintiff Stolfus filed a negligence action in associate circuit court against…