Res judicata claim misses target twice

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 29, 2014 1:10 PM

Based on a final judgment in a small claims case filed by two tenants of a building that was allegedly rendered uninhabitable because of MMT Demolition’s negligence when razing a neighboring structure, a Cook County judge concluded that res judicata barred the subsequent subrogation case that Indian Harbor Insurance Co. — acting as subrogee of the landlord, Podmajersky Management — filed against MMT. The tenants sued Podmajersky and MMT for $9,912 in lost profit — but Podmajersky’s motion …

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