Lionel Messi plays soccer for FC Barcelona. His foot was injured when another soccer player, Cristiano Ronaldo, stepped on his foot while Messi was wearing a Nike Mercurial Soccer Cleat. The shoe failed to perform as reasonably expected and that resulted in the injury. Messi sues Nike alleging negligent manufacture. Nike loses the case, and judgment is entered for Messi. About a year after the judgment was entered, Messi develops a painful bone spur on the foot that was stepped on. He now sues Nike for damages based on the development of the bone spur. Does res judicata prohibit the suit for the bone spur?
In answering this question, consider that complaints typically contain "future damage" clauses, to wit: As a result, of his fall Plaintiff suffered harm, including, without limitation, bodily injury and resulting pain and suffering, disability, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and/or aggravation of a previously existing condition. One or more of the losses are permanent and/or continuing, and Plaintiff will suffer the loss(es) in the future.
