If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Question

Quizplus · Accepted Answer

Once an action has been tried to a conclusion, the plaintiff is generally barred from bringing another suit based on the same facts. This is known as res judicata. Therefore, if a claim was inadvertently omitted from the complaint and the action was tried to a conclusion, the plaintiff cannot file another suit to assert that claim. However, there may be some limited circumstances where the plaintiff could try to amend the complaint after judgment or appeal the decision, but it would depend on the specific case and jurisdiction.

If a Plaintiff Inadvertently Omits a Claim Of, for Example