Res Judicata Eliminates Second Suit
Post 5056
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Final Judgment Prohibits a Second Try
JC Robinson, Jr. (“JC”), pro se, appealed the trial court’s summary judgment decision in favor of defendant-appellee, Progressive Insurance Corporation (“Progressive”). In JC Robinson, Jr., et al. v. Progressive, 2025-Ohio-1370, No. 114348, Court of Appeals of Ohio, Eighth District, Cuyahoga (April 17, 2025) the Court of Appeals resolved the dispute.
FACTS
In May 2024, JC sued Progressive on behalf of himself and his minor daughter, E.R., (collectively “the Robinsons”). JC claimed that the Robinsons were involved in a “hit-and-skip,” rear-end, motor vehicle accident in November 2023 (“the MVA”) resulting in property damage, physical and mental injuries, medical expenses, lost income, and loss of enjoyment of life. JC claimed that the Robinsons’ presented to an emergency room after calling 9-1-1 following the MVA and that their medical treatment was ongoing.
Progressive filed a motion to dismiss the C.P. Complaint in its entirety. Progressive argued that the C.P. Complaint was barred by res judicata and claim preclusion, noting that this was the second lawsuit the Robinsons filed against Progressive stemming from the MVA.
The Robinsons previously filed a complaint in JC Robinson, Jr. v. Progressive Ins. Corp., Cleveland M.C. No. 2023-CVI-0013723 (“Mun. Complaint”), which was dismissed with prejudice in March 2024.
Progressive filed a supplemental motion for summary judgment. However, JC argued that Progressive was responsible for 100 percent of the Robinsons medical bills, pain and suffering and loss of wages and those claims had not been settled.
In September 2024, the trial court granted Progressive’s motion for summary judgment “for the reasons argued in the briefs, namely res judicata.” JC appealed.
LAW AND ANALYSIS
Summary Judgment and Res Judicata
JC argued that the trial court erred in granting summary judgment because it was unreasonable, unjust, and unconstitutional to strictly apply the doctrine of res judicata when the Robinsons’ claims were not ripe for review, litigated, or dismissed on the merits.
Pro se litigants are presumed to have knowledge of the law and legal procedures and are held to the same standards as litigants who are represented by counsel. Indeed, pro se litigants are not entitled to greater rights, and they must accept the results of their own mistakes.
One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses. There can be no genuine issue as to any material fact, since a complete failure of proof concerning an essential element of a non-moving party’s case necessarily renders all other facts immaterial
After the moving party’s initial burden is satisfied, the nonmoving party may not rest upon the mere allegations or denials in the pleadings. Rather, the nonmoving party’s reciprocal burden is triggered, requiring it to set forth specific facts showing that there remains a genuine issue for trial. A trial court may consider evidence other than the materials specified in the motion if no objections are raised.
Res judicata ensures the finality and stability of judicial decisions, deters vexatious litigation, and allows courts to resolve other disputes. The doctrine prevents a party from relitigating an issue or claim that has already been decided in a final, appealable order or a valid, final judgment in a prior proceeding and could have been raised on appeal in that prior proceeding.
The Ohio Supreme Court adopted res judicata’s modern application, which includes claim preclusion and issue preclusion. The claims raised in the C.P. Complaint are barred by claim preclusion. First, a court of competent jurisdiction rendered a valid, final judgment on the merits in an earlier action. A dismissal with prejudice is a final decision on the merits. The current case involves the same parties or their privies.
The C.P. Complaint raises claims that were or could have been raised in the Mun. Complaint. JC pleaded the same breach-of-contract, unfair-claims practices, and bad-faith claims, which were previously raised in the Mun. Complaint.
The C.P. Complaint arises out of the same operative facts and evidence as the Mun. Complaint. The MVA and Progressive’s handling of the Robinsons’ claims under JC’s automobile insurance policy. An exception to the res judicata doctrine will not apply when the parties had a full and fair opportunity to be heard on an issue.
After Progressive moved for summary judgment JC’s reciprocal burden was triggered. To survive summary judgment, JC was required to set forth specific facts rebutting the application of res judicata and showing that genuine issues remained. JC has not done so. The record reveals that JC had a full and fair opportunity to litigate the Robinsons’ claims; accepted a settlement from Progressive; voluntarily requested the dismissal of the Mun. Complaint with prejudice; and failed to pursue a direct appeal of the municipal court’s final, appealable order. JC failed to provide any evidence to rebut Progressive’s res judicata argument.
Because the doctrine of res judicata applies and no exception is warranted the trial court did not err in granting Progressive’s motion for summary judgment. The Judgment was affirmed.
ZALMA OPINION
Insurance companies must be treated like any other litigant. Once a suit is settled and a judgment entered, it’s dispute with JC was resolved. Yet JC, acting as his own lawyer, sued again seeking another bite out of Progressive. The Court of Appeals wisely affirmed the trial court.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Notice of Claim Later than 60 Days After Expiration is Too Late
Post 5089
Injury at Massage Causes Suit Against Therapist
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Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.
In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.
FACTUAL BACKGROUND
Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma
Post 5087
See the full video at and at
Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf
Zalma’s Insurance Fraud Letter – June 1, 2025
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ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at ...
No Coverage if Home Vacant for More Than 60 Days
Failure to Respond To Counterclaim is an Admission of All Allegations
Post 5085
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In Nationwide Mutual Insurance Company v. Rebecca Massey, Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025) Defendant Nationwide Mutual Insurance Company's (“Nationwide”) motion for Default Judgment against Plaintiff Rebecca Massey (“Plaintiff”) for failure to respond to a counterclaim and because the claim was excluded by the policy.
BACKGROUND
On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.
Plaintiff filed suit ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...