Silva v. State Farm Mutual Automobile Insurance Co.

|TI respectfully dissent from the majority’s affirmance of the judgment. In my view, the cited decisions are distinguishable because none of them considered the “same parties” requirement of La. R.S. 13:4231 (“Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review ....” [emphasis added]).

“[A] party claiming res judicata based on a compromise agreement must have been a party to the compromise, and the authority of the thing adjudged extends only to the matters those parties intended to settle.” Ortego v.…