Flashcards Studio

Facts: A plaintiff sues for damages arising from a road-traffic collision in the Regional Trial Court. After a protracted delay in prosecution, 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 in a different court (for example, Municipal Trial Court in Cities) seeking damages for 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, citing the governing rule and the basis for your conclusion.