Where the plaintiff has previously filed suit based on the same nexus of facts, and that suit was dismissed with prejudice due to failure to notify the defendant in a timely manner, fundamental fairness does not prevent the instant suit from being barred by res judicata.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge Kathy M. Flanagan.On July 18, 2010, Dawn Ingram was hosting a social gathering in the backyard of her house. Geraldine Mular, a guest at that gathering, tripped and fell …