Andrews v. Gonzalez

Plaintiff sued Defendant to recover outstanding judgment in personal injury suit against contractor partnership of which Defendant was sole surviving partner. Court erred in granting Defendant's Section 2-619 motion to dismiss as barred by res judicata. Res judicata does not bar judgment creditor of partnership from enforcing outstanding judgment against a partner named individually in underlying suit, where two suits arise from different groups of operative facts. Plaintiff is not barred from seeking to establish Defendant's secondary liability, through his status as general partner, for unsatisfied judgment against partner where Plaintiff previously sought to hold him vicariously liable for underlying negligence caused by employee of partnership. (NEVILLE and PIERCE, concurring.)