Ex parte Larry Webber [Ms. 1121443, June 27, 2014] __ So. 3d. __ (Ala. 2014). Petition for Writ
of Mandamus.
Res judicata bars a wife's action and an insurer's action as subrogee. Here,
a married man sued a paint contractor for $3,000 in Small Claims court
for alleged damages to the couple's home. The plaintiff's wife
was aware of the suit, but did not join it. A judgment was entered against
the defendant that he timely paid. Subsequently, the couple filed a claim
with State Farm and was paid $41,996.19. The couple and State Farm then
filed an action against the paint contractor. The defendant argued that
the action was barred by the doctrine of
res judicata. The elements of
res judicata are: "(1) a prior judgment on the merits, (2) rendered by a court
of competent jurisdiction, (3) with substantial identity of the parties,
and (4) with the same cause of action in both actions." The Court
held that all four elements of
res judicata were met, therefore, both the husband and wife were barred from bringing
the new action. Turning its attention to State Farm, the Court held "because
[State Farm's] claim is based solely on its rights as a subrogee,
it steps into the shoes of [the couple] and...only gets those rights that
[the couple] ha[s]. Thus, "State Farm is likewise barred from participation
in the circuit-court action."
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