Powell v. Breslin

In Powell I, Plaintiff sued Doctor and others for medical malpractice. The circuit court granted summary judgment to Appellees in 2007. The appellate court held that the appropriate remedy was to dismiss the suit. The Supreme Court affirmed, vacated the grant of summary judgment, and remanded for dismissal. By the time the complaint was dismissed in 2011, the statute of limitations had expired on the merits of the substantive claims. In Powell II, Plaintiff filed a second, identical statement of claim in 2007. The circuit court granted Defendants' motion for summary judgment in 2008 under the doctrine of res judicata. In 2011, Plaintiff filed in Powell II a motion to reopen case and vacate judgment, arguing that the circuit court's reliance on the preclusive effect of the decision in Powell I was faulty. The circuit court denied the motion. The Supreme Court accepted certification and held (1) in Powell II, the judge did not err in granting summary judgment because, at the time, the doctrine of res judicata barred the maintenance of the litigation based on the 2007 grant of summary judgment in Powell I; and (2) the circuit court did not err in denying Plaintiff's motion to reopen case and vacate judgment. View "Powell v. Breslin" on Justia Law