Kilburn-Winnie v. Town of Fortville

Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff’s action alleging that defendant violated their due process rights by disconnecting their water service, where basis of defendant’s motion was its claim that res judicata precluded plaintiffs from proceeding on instant claim due to settlement of prior class action that contained same allegations as instant complaint. Language in settlement of prior action provided that prior claim was “fully, finally and forever resolve[d], discharge[d] and settle[d]…on behalf of named plaintiffs and entire class,” which was defined as all customers of defendant’s water department who had their water service terminated. Moreover, plaintiffs conceded that there was identity of causes of action, as well as identity of parties with respect to prior and instant actions. Ct. of Appeals also found that settlement of prior action served as final judgment for purposes of applying res judicata, where settlement and dismissal of prior claim with prejudice completely resolved case among instant parties.