Drivers vehicle hit huge pothole

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Reference no: EM133855862

Question

A driver was injured when the driver's vehicle hit a huge pothole that caused it to collide with the side guardrail on the highway. The driver filed an action in a state court in State A against the City for damage to the vehicle, alleging that the City negligently maintained the highway involved in the accident and seeking $50,000 in damages. The court concluded that the City was negligent and awarded the driver $50,000. The driver then commenced a new action against the City in a State A federal court seeking $100,000 in damages for personal injuries the driver suffered in the accident involving the pothole. State A has adopted the Second Restatement of Judgments' approach to res judicata. The City moved for summary judgment on the basis of claim preclusion, asserting that the judgment in the state court action bars the present federal court action. How is the court likely to rule on the motion?

Reference no: EM133855862

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