Travelers Insurance Co. v. Joachim

In this procedural dispute, we must decide whether a trial court’s erroneous dismissal of a suit with prejudice, following the plaintiffs filing of a nonsuit, operates to bar a later suit because of res judicata. We conclude that it does. Therefore, we reverse the coux-t of appeals’ judgment and order the case dismissed.

I

Barry Joachim sued his insurer, The Travelers Insurance Company, 1 alleging he was entitled to benefits from Travelers for damages caused by Joachim’s accident with an underinsured driver. On the day before trial, Joachim filed a “Notice of Non-Suit” stating that he “no…