Dinerstein v. Evanston Athletic Clubs, Inc.

Plaintiffs filed personal injury suit after falling from rock-climbing wall at Defendant's facility. Court dismissed Plaintiffs' complaint as barred by res judicata. After court denied parties' agreed motion to continue trial, because expert discovery had not been completed, both counsel discussed mutual uncertainty about available options, including that Plaintiffs could file motion for voluntary dismissal.Although elements of res judicata were met, court should not have dismissed complaint because a question of fact remains as to whether one of the recognized exceptions to claim-splitting, namely, Defendant's agreement, in terms or effect, to the claim-splitting, applied to this case. (HOWSE and BURKE, concurring.)