Goffin v. Tofte

The plaintiff, K. Noreen Goffin, appeals from an order of the Superior Court (Barry, J.) dismissing her action against the defendant, Christian E. Tofte, on the basis of res judicata. We reverse and remand.

The relevant facts follow. In 1995, Tofte, a home construction and remodeling contractor, sued Goffin in small claims court for failure to pay the full contract price for work he performed on her house. Goffin removed the action to superior court and counterclaimed. She alleged that Tofte’s work was incomplete, he failed to perform this work in a good and workmanlike manner, and these…