Suppose Curtis James Jackson is exposed to a highly radioactive substance but has not yet sustained any form of harm or injury. This means that there is no accrued (or past) patrimonial or non-patrimonial harm. However, Dr Dre believes that there is a 70% possibility that Curtis will show symptoms of radioactive poisoning (i.e., radiation sickness) within the next six months. Dr Shady argues that there is only a 30% chance that Curtis will display symptoms related to radiation sickness within the next six months.

Suppose that it is now 5 years after the initial trial and final judgment and Curtis suffers more severe radiation sickness than initially anticipated by the experts during the litigation. Can Curtis relitigate on the same cause of action, for the same relief and between the same parties?