Gracia v. RC Cola-7-Up Bottling Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that res judicata did not bar suit by woman in individual capacity when she had signed prior agreed judgment only as next friend of daughter
• holding that res judicata did not bar suit by woman in individual capacity who had signed prior agreed judgment solely in representative capacity as next friend of daughter
• observing that “a party participating in the judgment is barred by the judgment although not joined in the pleadings”
• explaining that “[a] party appearing in an action in one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity” (quoting the Restatement (Second
• settlement award where party sued in capacity of next of friend was not res judicata to second suit by party individually
• settlement award where party sued in capacity of next of.friend was not res judicata to second suit by party individually

Source: CourtListener parenthetical corpus (CC0).