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HERE WE GO AGAIN√¢‚Ç¨¬¶OR NOT: No-Fault Insurer’s Defensive Application of Res Judicata Bars Plaintiff’s Attendant Care Claims Despite Plaintiff’s Favorable Jury Verdict in Prior Lawsuit
In Rodgers v Auto Owners Insurance Company, unpublished opinion per curiam of the Court of Appeals, issued December 17, 2019 (Docket No. 344408), the no-fault insurer successfully asserted res judicata to bar Plaintiff’s claim for around-the-clock attendant care despite Plaintiff’s favorable jury verdict in the prior case.
Although unpublished, Rodgers reaffirms that res judicata will preclude claims that the parties, in the exercise of due diligence, could have raised but did not.
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