In this automobile accident case, a motion for summary judgment was granted on the ground that a prior adjudication was res judicata of the issues herein. Plaintiff and defendant are the only two parties named in the two cases and, admittedly, the issues are the same. The facts and background circumstances may be simply stated.
On June 29, 1972, plaintiff and defendant were involved in a motor vehicle collision at the intersection of Forty-sixth and Spruce Streets, Philadelphia. Plaintiff, Virgil C. Martin, instituted an action in trespass against defendant, Jean Poole, to recover damages for personal injuries allegedly suffered in the mishap. That action was filed in November 1972. Seven months later in June 1973, defendant Poole reciprocated by filing against Martin a similar action based upon the same incident. When the complaint was served upon Martin, he delivered it to his personal attorney who, in turn, forwarded it to Martin’s insurance carrier which was to handle the defense in the second case: Poole v. Martin (June term, 1973, no.
Thereafter, defendant Poole filed a motion for summary judgment in the instant case, arguing that the judgment in the terminated action was res judicata of plaintiff Martin’s claims here. We agreed, and granted that motion on June 3, 1974.
The doctrine of res judicata is essentially a vehicle for the economy of judicial resources, though its application must not be blind to the achievement of justice. The theory upon which res judicata is premised is that the parties to a controversy should be precluded from relitigating an action which has already received judicial attention.
Res judicata’s invocation is contingent upon four identities: in the thing sued for, of the cause of action, of persons and parties to the action, and of quality or capability in persons for or against whom the claim is made.
Unfortunately, we are not free to disregard the clear mandates in Pennsylvania law, nor can we, at
Plaintiff’s reliance upon certain subrogation cases, we believe, is misplaced. In such cases, the carrier seeking to exercise its subrogation right is actually proceeding on its own behalf and not solely on behalf of its insured, as in a case like this one. Thus, it can be argued in such a subrogation suit that the insured, the named party, and the insurer, the real party in interest, do not have the same interests at stake. See Stahl v. Hilderhoff, 432 Pa. 179, 247 A. 2d 582 (1968).
In Stahl, plaintiff’s carrier had succeeded in a proceeding brought in her name in obtaining a default judgment solely for property damages. This suit was without her knowledge or consent, and she refused to accept a check tendered her from the proceeds by her insurer. It was held that her own action for personal injuries was not barred by the prior judgment. There, plaintiff was the winner in the prior case and not the loser, as in the instant case.
In Stahl the res judicata contended for could not negate plaintiff’s claim for negligence because the res judicata was in her favor, that defendant was negli
Accordingly, on our review of the applicable law, we conclude as we did in granting the motion for summary judgment, that plaintiff is barred from relitigating the previously adjudicated issues in this case.
In trespass cases, a petition to open a default judgment will be granted if promptly filed and if failure to appear or timely answer is reasonably explained or excused: Zellman v. Fickenscher, 452 Pa. 596, 308 A. 2d 598 (1973). The record here does not disclose the basis for refusal of the petition, but that refusal was not appealed.
No oral argument was heard, the parties having certified that none was desired. v
See Stahl v. Hilderhoff, 432 Pa. 179, 182, 247 A. 2d 582, 583
When a default judgment becomes final, it is as valid as a judgment entered after full trial on the issues and is subject to the rules regarding conclusiveness of judgment, including the doctrine of res judicata. See Quaker City C. & C. Co. v. Warnock Bldg. Asso. 347 Pa. 186, 191, 32 A. 2d 5, 8 (1943) (holding that a default judgment is res judicata as to any transactions occurring before its entry); Exler v. Wickes Bros., 263 Pa. 150, 154, 106 Atl. 233, 234 (1919) (standing for the general proposition that a default judgment is as conclusive as one entered on the verdict); Roberts v. Gibson, 214 Pa. Superior Ct. 220, 225, 251 A. 2d 799 (1969), allocatur refused. See generally, 6A Standard Pa. Pract. §235; 50 C.J.S. Judgments, §706; 20 P. L. Encyc. Judgment, §280.
The finality of judgment rule applies in default judgment cases in the absence of fraud or collusion, neither of which is alleged here. See Exler v. Wickes Bros. supra; Edwards v. Johnson et al., 215 Pa. Superior Ct. 390, 259 A. 2d 183 (1969). The general rule is that a challenge on such basis must be made by direct attack (e.g., petition to open judgment) rather than collaterally. We emphasize again that plaintiff Martin has made no such allegations.
See Dally v. Pa. Thresherman & Farmers’ Mut. Cas. Ins. Co., 374 Pa. 476, 97 A. 2d 795 (1953).
