Posted: 4:58 pm Wed, January 30, 2013
By Daily Record Staff
Where plaintiff filed a medical malpractice claim while appealing the grant of summary judgment on an identical claim, his second action was barred by res judicata, and the fact that the summary judgment ruling was later reversed does not change that analysis; in addition, appellant failed to preserve his claims by requesting appropriate stays, and there was no clear and convincing evidence of fraud, irregularity, or mistake in the lower court proceedings.
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