How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117364
Experience:  Attorney experienced in commercial litigation.
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I bought a Honda motor in 5/2010 for my 1991 prelude. I had

This answer was rated:

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."

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 5 other Consumer Protection Law Specialists are ready to help you

Related Consumer Protection Law Questions