Hawkins v. Martin

BY JUDGE MELVIN R. HUGHES, JR.

On a Special Plea of Res Judicata, defendants argue that, after the court struck the evidence and awarded them partial summary judgment in an earlier trial of this case, plaintiff is precluded from asserting claims of unlawful appropriation of likeness in Count 1, intentional infliction of emotional distress in Count 3, and negligence in Count 4 in this refiled action. Defendant also asserts that plaintiff is precluded from claiming punitive damages because the court ruled that plaintiff was not entitled to a jury instruction in the first case. At a hearing on…