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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