Questione giuridica chiave
Whether the second damages action was barred by res judicata despite later evidence of fungus damage.
Decisione estratta
The second action was barred because the alleged fungus damage belonged to the same factual complex already litigated; no true new facts justified a new action.
Motivazione estratta
In tort cases, res judicata covers all facts naturally linked to the claim and already existing at the time of the first judgment. A later manifestation of an already foreseeable damage does not create a new claim when the first case could and should have addressed the damage assessment.