The plaintiffs brought a motion under Rule 59.06(2)(a) to amend a 2014 default judgment against the defendant Grocery Dayton to make the defendant Wakefern Food Corporation liable for the judgment.
This was the second time the plaintiffs brought this motion; the first was dismissed and upheld by the Court of Appeal.
Wakefern raised a preliminary objection of res judicata.
The court found that the motion sought the same relief as the previous motion and that the new evidence relied upon by the plaintiffs could have been discovered with due diligence or did not constitute an admission.
The court dismissed the motion based on the doctrine of res judicata.
