Flashcards Studio

Facts: A plaintiff sues for damages arising from a vehicular collision in the Regional Trial Court. After a period of inaction by the plaintiff, the court dismisses the action on the plaintiff's motion to withdraw; the dispositive order states: “Dismissed with prejudice” for failure to prosecute. The plaintiff then files a second action against the same defendant for the same injury, but this time in a different court (for example, a Municipal Trial Court in Cities) seeking related relief not previously pled (such as medical expenses incurred). (a) Identify the central doctrine governing the effect of a dismissal ‘with prejudice’ versus a dismissal ‘without prejudice.’ (b) Distinguish the consequences for the plaintiff’s right to refile. (c) Apply to the facts: is the second action barred? Explain your answer, citing the governing rule and the basis for your conclusion.