Mular v. IngramMular v. Ingram
Law Office of George C. Xamplas, of Chicago (George C. Xamplas, of counsel), for appellant.
The Hunt Law Group, LLC, of Chicago (Brian J. Hunt and Courtney A. Morso, of counsel), for appellee.
JUSTICE MASON delivered the judgment of the court, with opinion. Justices Neville and Pierce concurred in the judgment and opinion.
OPINION
¶ 1 Plaintiff Geraldine Mular appeals from the trial court’s dismissal of her construction negligence complaint against defendant Dawn Ingram, arising out of injuries Mular allegedly sustained when she fell while a guest at Ingram’s house. The trial court dismissed the complaint based upon its finding that the cause was barred by the doctrine of res judicata. On appeal, Mular contends that the trial court erred when it applied the doctrine of res judicata to this case because she attempted to bring her construction negligence claim in her original complaint but was denied the opportunity to do so. Mular further contends that res judicata should not be applied to this case in the interests of fundamental fairness. We affirm.
¶ 2 This court set forth the facts relevant to this cause in our prior decision. See Mular v. Ingram, 2015 IL App (1st) 142439 (Mular I). As we previously noted, this cause arises out of injuries Mular claimed she suffered when she fell in the backyard pool area of Ingram’s home during a social gathering on July 18, 2010.
¶ 3 On July 16, 2012, Mular filed a complaint, in case No. 12-L-7928, alleging that Ingram, as homeowner, owed Mular a duty to maintain her property in a safe condition, which Ingram breached by (i) failing to provide a safe means of ingress and egress to the area; (ii) failing to keep the area free of tripping hazards; (iii) allowing the area around the pool to become unsafe due to uneven surfaces and poorly maintained concrete and concrete expansion joints; (iv) failing to inspect the area for hazardous conditions; and (v) failing
¶ 4 On August 15, 2013, Ingram filed a motion to dismiss pursuant to
¶ 5 In granting the motion to dismiss, the trial court first noted “the length of time” it took Mular to serve Ingram, that is, “four days short of one year.” The court then stated that the addresses on the first and second alias summonses were incorrect and that the first attempt to serve Ingram was done after the expiration of the two-year statute of limitations. The court found it “particularly troubling to understand” the delay because Mular knew where Ingram lived and the proper address was listed in the complaint. The court was unpersuaded by Mular’s “excuses and explanations” and held that Mular did not act with reasonable diligence in attempting to serve Ingram. The court dismissed the cause with prejudice because Ingram was not served until almost 11 months after the end of the two-year statute of limitations applicable to personal injury cases.
¶ 6 Mular’s counsel then asked whether the court considered the four-year statute of limitations applicable to construction negligence claims “as there is an allegation pursuant to the construction of the improvement of the property.” Counsel asked for the opportunity to amend the complaint if the trial court felt that claim was “not clearly stated.” The court directed the parties to file additional briefing as to whether the dismissal of the case should be with prejudice and postponed entry of the order.
¶ 7 At a later hearing, the trial court stated that it “re-reviewed everything” and failed to see how the cause was a construction case “at all” when nothing alleged that construction was “going on.” Rather, the case was a “trip and fall like any other trip and fall.” Accordingly, on May 20, 2014, the trial held that the four-year statute of limitations applicable to construction negligence did not apply to the cause of action as pled and dismissed the cause with prejudice pursuant to
¶ 8 In July 2014, during the pendency of the appeal in case No. 12-L-7928, Mular
¶ 9 In December 2014, Ingram filed a motion to dismiss pursuant to section 2-619(a)(4) of the Code of Civil Procedure (Code) (
¶ 10 In February 2015, the trial court stayed its ruling on the issue on res judicata pending a ruling on Mular’s appeal from the trial court’s dismissal with prejudice in case No. 12-L-7928. On May 20, 2015, this court issued its opinion.
¶ 11 On appeal, this court first considered Mular’s argument that the four-year statute of limitations applicable to construction negligence claims applied to the case. We noted that the types of claims to which section 13-214(a) of the Code (
¶ 12 Mular I therefore concluded that Mular’s complaint asserted a premises liability
¶ 13 After the filing of the opinion in Mular I, proceedings in the instant cause resumed in the circuit court. In granting Ingram’s motion to dismiss, the trial court found that there was identity of the cause of action when, although the instant cause and case No. 12-L-7928 alleged different theories of recovery, they arose of out the same operative facts, i.e., Mular’s fall in the pool area of Ingram’s property on July 18, 2010. The court also rejected Mular’s fundamental fairness argument, concluding that she could have brought her construction negligence claim in the original action. Mular now appeals.
¶ 14 On appeal, Mular contends that the trial court erred when it dismissed the case pursuant to the doctrine of res judicata because she attempted to bring a claim of construction negligence in case number 12 L 7928, but was denied the chance to remedy any deficiencies in her complaint when the trial court denied her leave to amend it. Mular further argues that res judicata should not apply to this cause in the interest of fundamental fairness because its application means that she will never be able to present her case to a jury.
¶ 15 ”Res judicata is an equitable doctrine that is designed to prevent a multiplicity of lawsuits between the same parties where the facts and issues are the same.” Severino v. Freedom Woods, Inc., 407 Ill. App. 3d 238, 244 (2010); see also Henstein v. Buschbach, 248 Ill. App. 3d 1010, 1015-16 (1993) (res judicata promotes “judicial economy by requiring parties to litigate, in one case, all rights arising out of the same set of operative facts and also prevents the unjust burden that would result if a party could be forced to relitigate what is essentially the same case“). In order for the doctrine of res judicata to apply, three requirements must be met: (1) a final judgment on the merits rendered by a court of competent jurisdiction; (2) identity of cause of action; and (3) identity of parties or their privies. Wilson v. Edward Hospital, 2012 IL 112898, ¶ 9. When these three factors are met, the final judgment rendered on the first cause of action bars any subsequent action between the same party or their privies involving the same claim, demand, or cause of action. Id.
¶ 16 “A cause of action is defined by the facts that give rise to a right to relief.” Id. ¶ 10. Even if several theories of recovery arise out of the same facts, there is a single cause of action. Id. In other words, res judicata bars not only “all matters that were actually decided but also *** those matters that could have been decided in the prior action.” Id. ¶ 9. Whether res judicata bars a subsequent claim is a question of law that we review de novo. Amalgamated Transit Union, Local 241 v. Chicago Transit Authority, 2014 IL App (1st) 122526, ¶ 13.
¶ 17 Here, the parties dispute whether the second requirement, an identity of the cause of action, is met. Mular contends that the instant case and case No. 12-L-7928 are different because case No. 12-L-7928 was a premises liability action and the instant case is a construction negligence action. Ingram, on the other hand, contends that there is an identity of the cause of action because the instant cause arises out of the same operative facts as case No. 12-L-7928.
¶ 18 To determine whether there is an identity of cause of action for res judicata purposes, the “transactional test,” is used. River Park, Inc. v. City of Highland Park, 184 Ill. 2d 290, 309-10 (1998). Accordingly, differing claims are “considered the same cause of action for purposes of res judicata if they arise from a single group of operative facts, regardless of whether they assert different theories of relief.” Id. at 311. See also Wilson, 2012 IL 112898, ¶ 10 (“A cause of action is defined by the facts that give rise to a right to relief.“).
¶ 19 Here, the instant cause and case No. 12-L-7928 arise out of the same operative facts, that is, Mular’s fall in the pool area at Ingram’s home. These facts formed the basis for Mular’s premises liability claim case No. 12-L-7928 and form the basis for her construction negligence claim in the instant case. Therefore, there is an identity of the cause of action, despite the fact that each complaint asserts a different theory of recovery. See River Park, Inc., 184 Ill. 2d at 311. As our supreme court has explained, “[a]lthough a single group of operative facts may give rise to the assertion of more than one kind of relief or more than one theory of recovery, assertions of different kinds or theories of relief arising out of a single group of operative facts constitute but a single cause of action.” Torcasso v. Standard Outdoor Sales, Inc., 157 Ill. 2d 484, 490-91 (1993).
¶ 20 We are unpersuaded by Mular’s apparent contention that because the instant complaint “clarified and expanded upon the allegations of the first complaint,” the instant complaint is not barred by res judicata.
¶ 21 It is not the same evidence or the same theory of relief that triggers the application of res judicata. Rather, separate claims are “considered the same cause of action for purposes of res judicata if they arise from a single group of operative facts, regardless of whether they assert different theories of relief.” River Park, Inc., 184 Ill. 2d at 311. Here, both the 2012 and the 2014 lawsuits arose out of the same operative facts. The bar of res judicata extends not just to what was actually decided in the first suit but also to “those matters that could have been decided in that suit.” Id. at 302. Claims are considered to be part of the same cause of action “even if there is not a substantial overlap of evidence, so long as they arise from the same transaction.” Id. at 311. Accordingly, because the claim raised in the instant complaint arises from the same operative facts as the claim raised in the 2012 complaint, there is an identity of the cause of action despite the fact that the claims themselves are based upon different
¶ 22 Mular further contends that because res judicata is an equitable doctrine, it should not be applied to this case because it would deprive her, “for all time,” of the right to place her cause of action before a jury.
¶ 23 Mular is correct that a court should not apply the doctrine of res judicata where it would be fundamentally unfair to do so. See Nowak v. St. Rita High School, 197 Ill. 2d 381, 393-94 (2001) (“The doctrine of res judicata need not be applied in a manner inconsistent with fundamental fairness.“). But here we conclude that the application of res judicata is not unfair when the record reveals that (1) the complaint filed in case No. 12-L-7928 did not specifically allege that Ingram was involved in the construction of the pool area; (2) that complaint was dismissed with prejudice because Ingram was not served until almost one year after it was filed despite the fact that Mular knew where Ingram could be found; and (3) the first time that construction negligence was explicitly mentioned was after the trial court granted Ingram’s motion to dismiss. That Mular may be barred from placing her case before a jury is merely an outcome of the failure to include all of her claims in the complaint filed in case No. 12-L-7928. Although Mular may be dissatisfied with that outcome, this court has long held that a party cannot relitigate an issue “merely because [she is] unhappy with the previous result.” Edwards v. City of Quincy, 124 Ill. App. 3d 1004, 1014 (1984). Accordingly, we decline to relax the application of res judicata in this case.
¶ 24 For the reasons discussed above, we affirm the judgment of the circuit court of Cook County.
¶ 25 Affirmed.