Barbara Lindsey v. Max. F. Adler, M.D., P.A., fka Park Cities Dermatology Center, aka Coppell Dermatology Center, et al.
DueProcess
Does the claim splitting branch of res judicata violate due process when a plaintiff lacked a full and fair opportunity to litigate or did not know of their injuries at the time of the first action?
QUESTIONS PRESENTED ‘ ; This appeal presents an important and novel question concerning the claim splitting branch of res _ judicata or claim preclusion. In.this case, Petitioner : brought a prior action predicated upon the improper placement of a foreign object in her body, which was dismissed. Subsequently, another foreign object was discovered, which was not related to the prior object. The Texas Courts dismissed the claim under the rule against claim splitting. The following issues are thus raised: 1. Does it violate the Due Process Clause to give preclusive effect to judgments rendered in proceedings against a party against who did not have a “full and fair opportunity” to litigate the claim? 2. Does it violate the Due Process Clause to bar a plaintiff from bringing an action who did not know or could not reasonably have known of her injuries at the time of the first action? iy ay ; ee