Res judicata taverns a factor in step which had been or you will was litigated in the a past proceeding in the event the: “(1) the current step is on a similar cause of action just like the the previous proceeding; (2) the last proceeding resulted in a last wisdom towards merits; and you may (3) the latest parties in the current step otherwise functions within the privity which have them was functions on the early in the day continuing. [Pass.]” (Bullock v.