Hunt

Does the doctrine of res judicata bar one defendant from seeking equitable indemnity from a second defendant after the plaintiff voluntarily dismisses her complaint with prejudice as to the second defendant? We hold the answer is no.

Facts and Proceedings Below

Kathleen Young was involved in an automobile accident in the City of Long Beach. She was taken to a local hospital where she was treated by Dr. Robert Hunt. Following Dr. Hunt’s exploratory surgery on her knee, Young developed thrombophlebitis and, later, symptoms of nerve deficit.

Young filed suit against the driver of the other automobile for negligence, against Dr. Hunt for medical malpractice and against the Long Beach Grand Prix Association (LBGPA) on the theory that in preparation for the Long Beach Grand Prix, LBGPA had negligently altered and maintained the intersection where the accident took place. LBGPA cross-complained against Hunt for indemnity on the theory any injury to Young which resulted from its negligence in redesigning and maintaining the intersection was aggravated by Hunt’s negligent medical treatment.

Subsequently Young’s complaint was voluntarily dismissed with prejudice as to Hunt.…