July 15, 2026—Associate Attorney Kelsey Caudill successfully obtained dismissal of a personal injury action in Newton County before Judge Layla Zon based on the doctrine of res judicata, despite the plaintiff’s addition of another uninsured motorist carrier. The Court agreed that the claims were barred by the prior litigation and could not be relitigated.
This suit arose out of a motor vehicle accident that occurred on January 8, 2024, on Salem Road in Rockdale County, GA. The original suit was filed June 2, 2025, and was handled by GMKE. A settlement was reached and a Notice to Dismiss with Prejudice was originally issued October 17, 2025. That same notice was refiled with the Court on December 18, 2025. Plaintiff then refiled her case on January 6, 2026, against the same defendant, in the same Court, with the same cause of action based on the same motor vehicle accident. The only difference was an addition of a new underinsured motorist carrier which differed from the underinsured motorist carrier from the first iteration of the case.
A motion to dismiss based on res judicata was filed in lieu of an answer as per the new Senate Bill 68 guidelines. Plaintiff attempted to opine that a new insurance policy should be considered a new cause of action while the addition of a new underinsured motorist carrier should be considered different parties making the new litigation unique to the past litigation.
Oral arguments were heard on July 15, 2026. The Court agreed that the underlying cause of action was the motor vehicle accident where alleged damages occurred which was sought to be recovered. The Court further agreed that underinsured motorist coverage was derivative in nature and that the parties as such were identical to the original litigation. Therefore, the Court agreed that the claims were barred by the prior litigation and could not be relitigated. A dismissal was granted with prejudice.
The case is Chanelle Merrique v. Martravious Maxey, Superior Court of Newton County, CAFN: SUCV2026000048.
In a separate matter on June 10, 2026, Associate Attorney Kelsey Caudill successfully obtained summary judgment in favor of the defendant in DeKalb County before Judge Ana Martinez after demonstrating that no genuine issue of material fact existed and that the plaintiff could not establish the essential elements of breach, causation, or damages.
This suit arose out of a motor vehicle accident that occurred on May 27, 2024, on North Peachtree Road in DeKalb County, GA. The Defendant was traveling in front of the Plaintiff when Defendant slowed to turn, and the Plaintiff initiated the collision. There was minimal property damage to the vehicles and lack of attention to the road was admitted by the Plaintiff.
The Plaintiff went to the ER the day after the accident with complaints of head, neck, back, and spinal injuries. Two days after the subject accident, the Plaintiff began treating with a chiropractor reporting neck, back, and head injuries. As treatment continued, she underwent diagnostic imaging and received epidural steroid injections. The Plaintiff sought treatment off and on for approximately 5 months, and her medical bills totaled $44,755.58.
After conducting written discovery and depositions, a motion for summary judgment was filed as the Plaintiff could not establish the essential elements of breach, causation, and damages. The summary judgment was granted in favor of the Defendant.
The case is Esmeralda Pascual v. Sabrina Anne Cowan, State Court of DeKalb County, CAFN: 25A02042.
Read more about Associate Attorney Kelsey Caudill here.
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