Phillips v. Arizona Board of Regents

OPINION

EUBANK, Judge.

This appeal involves the res judicata effect of the involuntary dismissal of appellants’ complaint, pursuant to Rule 41(b), Rules of Civil Procedure, 16 A.R.S., infra, when no appeal was taken from the order of dismissal, and where, subsequent to the dismissal, a new complaint was filed involving the same event or occurrence and the same appellee.

In July 1975 appellants filed a complaint in Cause No. C-29366 against the appellee Board of Regents, alleging that appellant Judy Phillips sustained an ankle injury as a result of the Board’s negligence in controlling the…