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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 112638
Experience:  Attorney experienced in commercial litigation.
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I bought a Honda motor in 5/2010 for my 1991 prelude. I had

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I bought a Honda motor in 5/2010 for my 1991 prelude. I had it installed and when it had 800 miles on it the head gasket broke. I had it fixed and sued to get my money back and was given half of it. The motor smoked and burned oil sense it was put in.In 5/2013 I had the motor taken out and taken apart and found out what was wrong with it. I sued today and the Judge told me that because I sued for the head gasket that I can not sue for the oil problem. Do I have any grounds to appeal?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What you are being told is your matter is considered "res judicata" and it means that when someone sues for a tort or breach of warranty, which is what you did at the time, it was up to you to have discovered everything wrong with the product at the time you sued. If you did not find the problems thoroughly before the first suit, the court considers any further suits on the same item to be "already decided" or "res judicata."



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