Mells v. Billops

O’HARA, Judge.

Defendant, Evelyn Billops, has filed a motion for summary judgment relying upon the doctrine of res judicata. For reasons hereafter enunciated, the Court agrees that defendant’s motion should be granted.

For purposes of this motion, the following facts are undisputed:

On May 29, 1982, an automobile accident occurred at the intersection of 30th & Spruce Streets, Wilmington, Delaware. On August 17, 1982, plaintiff, in the Justice of the Peace Court, brought a claim for property damage to his motorcycle, resulting from the accident and alleging the identical facts and circumstances…