Henriksen v. Cameron

*1145GLASSMAN, Justice,

with whom RUDMAN, J., joins, dissenting.

I must respectfully disagree with the Court’s decision that the doctrine of res judicata does not bar the present action. In the instant case, the matter presented for decision could have been litigated in the prior action for divorce. Contrary to Hen-riksen’s contention, the application of the doctrine of res judicata would not unfairly deprive her of a remedy in contravention of Art. I, § 19 of the Maine Constitution, which states: “Every person, for an injury inflicted on the person ... shall have remedy by due course of law....”

The…