Hughes v. Insley

ON MOTION FOR RECONSIDERATION

SALMON, J.

Central to the resolution of the issues presented in this appeal is the application of the doctrine of claim preclusion.

The doctrine of res judicata (also called direct estoppel or claim preclusion) applies when the parties to a subsequent suit are the same or in privity with the parties to a prior suit; the first and second suits present the same claim or cause of action; and there was a final judgment rendered on the merits in the first suit, by a court of competent jurisdiction. When those three elements are satisfied, the first claim is merged into…