WALTER MOORE V MICHAEL J HACKETT

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STATE OF MICHIGAN COURT OF APPEALS WALTER MOORE, UNPUBLISHED May 13, 1997 Plaintiff-Appellant, v No. 192495 Otsego Circuit Court LC No. 95-6261 CP MICHAEL J. HACKETT, Defendant-Appellee. Before: Corrigan, C.J., and Young and M.J. Talbot*, JJ. MEMORANDUM. Plaintiff appeals by right summary disposition in favor of defendant. This case is being decided without oral argument pursuant to MCR 7.214(E). The present lawsuit arises out of the same attorney-client relationship and relates to the same subject matter within that relationship as the prior lawsuit litigated to unsuccessful conclusion in 1991. Michigan’s broad rule of res judicata bars the present action: as the present claims could have been brought by plaintiff in the 1991 action, the rule of preclusion bars them from being litigated now, whether or not they were raised at that time. Gose v Monroe Auto Equipment Co, 409 Mich 147, 160; 249 NW2d 145 (1980). This is what is meant by “the same facts or evidence” as discussed in Jones v State Farm Ins Co, 202 Mich App 393, 401; 509 NW2d 829 (1993), citing Gose, supra. Affirmed. /s/ Maura D. Corrigan /s/ Robert P. Young, Jr. /s/ Michael J. Talbot * Circuit judge, sitting on the Court of Appeals by assignment. -1

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