Mular v. Ingram

Illinois Appellate Court
Civil Court
Res Judicata
Citation
Case Number: 
2016 IL App (1st) 152750
Decision Date: 
Tuesday, December 13, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

Court properly dismissed, on grounds of res judicata, Plaintiff's construction negligence complaint arising out of injuries Plaintiff allegedly sustained when she fell in backyard pool area while she was at a social gathering at Defendant's house. Court had dismissed with prejudice Plaintiff's previously filed premises liability complaint based on nearly 11-month delay in serving Defendant with summons and complaint. Res judicata applies as two complaints arise out of single group of operative facts.(NEVILLE and PIERCE, concurring.)