Legal Question in Civil Litigation in Pennsylvania

Res Judicata and responsibility

A mother gave her residence to grandson and contents in the house to son. Grandson lives far away and decided to sell house, telling son to remove stuffs. Son promised to do so but never did. Grandson asked realtor to remove contents and Son threaten to arrest anyone who would remove contents.

After final settlement, a hidden damage was found in the house.

New buyer sued grandson and son. Son tesitifed that he had nothing to do with contents. Judge dismissed son and ordered grandson to pay damage.

Then son sued new buyer for malicious prosecustion. This time, the new buyer found new evidences(wills, email between realtor and grandson, content sale receipts) Buyer presented the new evidences to the court. Son cited Res Judicata to prohibit buyer from presenting new evidence.

Previous court record verifes that son lied to Judge when claiming that he had nothing to so with the contents QUESTION: (1) Is son reliable for hidden damage (2) What is the next step to overturn Res Judicata?

Can you find a trial case silimiar to this case? Thank you!!!


Asked on 10/24/02, 10:49 pm

2 Answers from Attorneys

Lance Nelson MacElree Harvey, Ltd.

Re: Res Judicata and responsibility

This is a complicated situation that can not be answered with a simple email. If you would like to meet and discus this matter further, please contact me.

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Answered on 10/25/02, 8:39 am
Scott Diamond DIAMONDLAWYER

Re: Res Judicata and responsibility

You are asking for freee oegal research. This question is complex. You need to hire a lawyer to handle this as the answer is not simple

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Answered on 10/25/02, 8:53 am


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